OHADA and the Making of Transnational Commercial Law in Africa

Bashi Rudahindwa, Jonathan

Abstract

The Organisation for Harmonisation of Business Law in Africa (OHADA) was established in October 1993 with the ambitious aim of inciting economic development in its Member States. Through the adoption of Uniform Commercial Laws, the organisation is expected to create an enabling environment for business development, thereby providing for a path to economic growth and subsequent development. In light of this professed aim, both the transnational methodological approach and comparative law theories are used in this paper to critically analyse the various processes conducted under the OHADA banner and to engage in discussions on the highly debated role of law as a vehicle for development in sub-Saharan Africa. This exercise, which proves crucial in order to trace its origin within the global governance and law and development theories, allows us to present OHADA as a transnational legal system, while also highlighting both its strengths and limitations.

Citation

Bashi Rudahindwa, J. (2018). OHADA and the Making of Transnational Commercial Law in Africa. Law and Development Review, 11(2), 371-395. https://doi.org/10.1515/ldr-2018-0024

• Journal Article Type: Article
• Acceptance Date: Dec 31, 2017
• Online Publication Date: Apr 26, 2018
• Publication Date: Apr 26, 2018
• Deposit Date: Mar 31, 2023
• Publicly Available Date: Mar 31, 2023
• Journal: Law and Development Review
• Print ISSN: 1943-3867
• Publisher: De Gruyter
• Peer Reviewed: Peer Reviewed
• Volume: 11
• Issue: 2
• Pages: 371-395
• DOI: https://doi.org/10.1515/ldr-2018-0024
• Keywords: law and development; OHADA; transnational law; law reform; legislative unification
• Related Public URLs: https://www.degruyter.com/document/doi/10.1515/ldr-2018-0024/html