n Comparative and International Law Journal of Southern Africa - Towards the harmonisation of laws in Africa : is OHADA the way to go?

Volume 42, Issue 3
  • ISSN : 0010-4051



The OHADA, Organisation pour l'Harmonisation du Droit des Affaires en Afrique (in English, Organization for the Harmonization of Business Laws in Africa) is widely seen as one of the more successful legal harmonisation experiments in Africa. Through the harmonisation of laws, the OHADA aims to attract foreign investment and thus improve the economies of its member states. This paper examines the prospect of continental harmonisation through the prism of OHADA. In spite of its positive strides, this paper argues that OHADA - as it is presently configured - is not the appropriate model for an eventual continental harmonisation project. The paper closes with suggestions on how to proceed with continental harmonisation.

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