Abstract
A few years ago, African contribution of the world trade was only around 2%. The investors, except those who are exploiting natural resources, never want to dare dispensing their fund in Africa. The reason of this situation was very simple. The majority of investors denounce the juridical insecurity and also the political preponderance across the African continent. With human and natural resources abundant, Africa is regarded as a continent equipped with a great potential of development. The years of independences in Africa saw being born in many States, of the organizations trying to solve these difficulties and to reinforce their capacities by the constitution of international organizations acting in all the fields. But it is only in the year 1990; some organizations appeared in the continent and knew of real rise thanks to the liberal and democratic economic policies. This article wishes to present an assessment of seventeen years implementation of the African Harmonization of Business Law Treaty of 1993. Firstly, it will describe the system from an institutional point of view and hence from a normative point of view. Secondly, during the course of this essay, there will be a focus on analysis of OHADA’s laws, its system and its potential impact. In addition, the article will concentrate on OHADA’s appropriateness in the business sector and necessary guarantees it must offer for a successful investment partnership with foreign investment.
Highlights
A few years ago, African contribution of the world trade was only around 2%
The case study of OHADA is emblematic in considering the issue of the relationship between civil law and common law legal system at the same time with the present development of protection law
The debate reflects the needs of the harmonization process behind the idea of OHADA: from one side reinforce the membership with other countries belonging to the French, from the other side to open the doors giving access to other African countries belonging to different legal and cultural experiences
Summary
A few years ago, African contribution of the world trade was only around 2%. The investors, except those who are exploiting natural resources, never want to dare dispensing their fund in Africa. One notes so far, surely due to a lack of an adapted communication system, that the work of the OHADA organization and the results reached by this structure are insufficiently acknowledged The evidence confirming this being the simple fact that, investors continue to consider as one of their investment priorities. It is a fact that the step which consists in requesting Western government aids is unfruitful but is very detrimental to pride the dignity of Africa and the African people It is more and more a question of weaving bonds of business between amongst already in partially developed centres of Western dominance, and even Asian finance and Africa.
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