Commercial Law Reform in Africa: A Means of Socio-Economic Development, but for Whom? Perspective of Women Entrepreneurs in Benin

Abstract

This thesis explores the relationship between formal commercial law in Benin and women’s on-the-ground business practices. It constitutes the starting point of the author’s doctoral project in the course of which she intends to further pursue her research on the impact of the OHADA commercial law on socio-economic development in the region. As such, the author would welcome receiving comments and criticisms.The dissertation first looks at the evolution of business law and of economic activity in the region from pre-colonial times to present where OHADA Uniform Acts ('Acts') constitute Beninese formal commercial law’s primary source. The thesis then examines elements of business women’s socio-cultural realities and economic practices in the region (some of which were observed during empirical research carried out in Benin) to assess the extent to which they are accounted for in the Acts, these being largely inspired by French and foreign law. While the Acts may benefit foreign companies that contribute to the region’s economic vitality to varying extents, the analysis reveals that considerable gap that continues to exist between the OHADA regime and the preoccupations of micro, small and medium (in particular female) enterprises in Benin. This prevents many Beninese citizens and enterprises from playing a greater role in the socio-economic development of their country. The dissertation suggests that the paradigms and methods currently used by OHADA and international organizations such as the World Bank in their law reform activities do not take appropriate account of the identity of legal actors in the region (banks, small, medium and large entrepreneurs, micro-credit institutions, financiers, etc.), the dynamics between them and the role of women in business. It argues in favor of business modernization techniques that would make echo to the norms regulating local economic agents conduct and realities rather that be founded overwhelmingly on reform models elaborated outside of their application context.