SOAS Research Online

A Free Database of the Latest Research by SOAS Academics and PhD Students

[skip to content]

Bashi Rudahindwa, Jonathan (2020) 'Legislative versus Judicial Harmonisation of Law: A Comparative Study of OHADA Commercial Law and the US Uniform Commercial Code.' Journal of Comparative Law in Africa, 7 (1). pp. 1-29.

[img] Text - Draft Version
Restricted to Repository staff only

Request a copy

Abstract

The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established 27 years ago, in October 1993. Using legislative harmonisation or unification of its 17 Member States’ business laws, through the adoption of several Uniform Acts that are meant to be simple and modern, the organisation aims to produce a business law that is adapted to each Member State’s context, thereby facilitating commercial transactions within the OHADA area. While noting the relative success of the OHADA harmonisation or unification process, this article aims to highlight the advantages and shortcomings of its legislative harmonisation mechanism. This aspect of the OHADA process is analysed by considering the judicial harmonisation process that resulted in the adoption of the United States Uniform Commercial Code (UCC), which is codified legislation that aims to harmonise the law of sales and other commercial transactions across US states, hence promoting inter-state trade. This comparative analysis is conducted with a view to perfecting the harmonisation of business laws across Africa, while ensuring that harmonisation achieves the goal of promoting intra-African trade. The ultimate goal of the article is to demonstrate the need to place a greater emphasis on judicial harmonisation and highlight its ability as a law-making method to produce a commercial law that truly meets the needs and aspirations of the business community across the continent.

Item Type: Journal Article
SOAS Departments & Centres: Departments and Subunits > School of Law
ISSN: 23116889
Date Deposited: 31 Mar 2023 14:41
URI: https://eprints.soas.ac.uk/id/eprint/39202
Related URLs: https://www.jut ... ommercial-code/ (Publisher URL)

Altmetric Data

There is no Altmetric data currently associated with this item.

Statistics

Download activity - last 12 monthsShow export options
Downloads since deposit
6 month trend
0Downloads
6 month trend
47Hits
Accesses by country - last 12 monthsShow export options
Accesses by referrer - last 12 monthsShow export options

Repository staff only

Edit Item Edit Item