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Kodo, Jimmy --- "Harmonisation of Business Law: The Experience of Africa" [2012] ELECD 358; in Andenas, Mads; Andersen, Baasch Camilla (eds), "Theory and Practice of Harmonisation" (Edward Elgar Publishing, 2012)

Book Title: Theory and Practice of Harmonisation

Editor(s): Andenas, Mads; Andersen, Baasch Camilla

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800013

Section: Chapter 14

Section Title: Harmonisation of Business Law: The Experience of Africa

Author(s): Kodo, Jimmy

Number of pages: 16

Extract:

14. Harmonisation of business law: the
experience of Africa
Jimmy Kodo*

INTRODUCTION
In order to create a better environment for business in their countries, 16 African
Heads of State1 signed in Port Louis (Mauritius) on 17 October 1993 the Treaty
relating to the Organisation for the Harmonisation of Business Law in Africa
(referred to as OHADA). The aim of this treaty is the promotion of regional
integration and economic growth; securing legal environment through the har-
monisation of business law. Its specific objectives are a single, modern, flexible,
and reliable business law, adapted to each country's economy; arbitration as an
appropriate and trustworthy way to settle disputes; an opportunity for training
judges and judiciary staff and ensuring their specialisation. The treaty is open to
any other country, whether member of the African Union or not. Some institu-
tions have been created to help the new organisation run smoothly. The main
institutions are the Permanent Secretary in Cameroon, the Regional School or
training of lawyers and judges in Porto-Novo (Benin), and the Common Court
of Justice and Arbitration (CCJA) which is the key institution. The CCJA is
established in Abidjan, Ivory Coast.
Business law has a wide scope in the context of the OHADA. It covers
commercial law, corporate companies, secured transactions, debt recovery
and enforcement, bankruptcy, arbitration, accounting, contract for the car-
riage of goods by road; but also labour law, `and any other matter the Council


* University of Hertfordshire, UK.
1
The Treaty was signed originally by ...