Toward an Elaboration of a More Pluralistic Legal Landscape for Developing West African Countries: Organization for the Harmonization of Business Law in Africa (OHADA) and Law and Development

Hiez David () and Menétrey Séverine ()
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Hiez David: Professor of Private Law, University of Luxembourg – Research Unit in Law, 4 rue Alphonse Weicker, Luxembourg 2721, Luxembourg
Menétrey Séverine: Associate Professor of Judicial Law, University of Luxembourg – Research Unit in Law, 4 rue Alphonse Weicker, Luxembourg 2721, Luxembourg

The Law and Development Review, 2015, vol. 8, issue 2, 433-466

Abstract: In Europe and especially in France, the African business law landscape, as well as the legal discourse, for developing West African countries is almost exclusively dedicated to OHADA, the Organization for the Harmonization of Business Law in Africa, created in 1993. While economic development in the Member States is the obvious underlying reason for the modernization and unification of African business law, the exact nature of such development remains uncertain, as does the manner in which a such result can or will be achieved. OHADA’s Uniform Acts are, with some minor exceptions, a carbon copy of French business law. The only goal is to increase international investment, which, in turn, is expected to generate economic development, but all without taking any notice of equality or social justice issues. That, without a doubt, is the reason why OHADA is constantly criticized as a law that benefits foreign investors, while remaining ineffective, even illusory, for local traders. To go beyond the criticism, the authors have decided to focus on the relationship between law and the informal sector and to draw lines between formal and informal rules in the business sector.

Keywords: OHADA (Harmonized Business Law in Africa); informal rules; informal sector (search for similar items in EconPapers)
Date: 2015
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DOI: 10.1515/ldr-2015-0009

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