OHADA Thirty after: A Comprehensive Look at 30 Years of OHADA and its Impact on Africa’s Legal Landscape

2023-10-24 13:32:19

New OHADA book: OHADA Thirty following

This book revisits thirty years of history in the construction of OHADA, which has an institutional nomenclature and is governed by original law and derived law. This beautiful legal architecture is the pride of Africa and is envied by other continents.

Author: Dr Serigne Modou DIAKHATÉ, Senior Advisor to the Supreme Court of Senegal Preface by Professor Mayatta NDIAYE MBAYE, Permanent Secretary of OHADA

Summary of the work

The Organization for the Harmonization of Business Law in Africa (OHADA) was born on October 17, 1993 in Port-Louis (Mauritius), from the desire of its founding fathers to provide the African countries of the franc zone with a common, adapted and modern business law, with a view to contributing to legal and judicial security, necessary for improving the investment climate and the economic development of member countries.

The Heads of the States Parties to the Treaty, meeting in Cotonou (Benin), from December 2 to 4, 1995, on the sidelines of the sixth summit of the Francophonie, had charged President Abdou DIOUF, then Head of State of the Republic of Senegal , to proceed, on their behalf, with the distribution of the seats of the institutions and the allocation of positions of responsibility, specifying that the decisions of the latter would be final.

These are the decisions, taken by the President of the Republic of Senegal for this purpose, brought to the attention of the Council of Ministers meeting in N’Djamena on April 17 and 18, 1996 and then approved by all the States parties, which are designated like the “N’Djamena Arrangement”.

If it is true that, when the OHADA Institutions were launched, it seemed necessary to adopt the said Arrangement, the fact remains that its adoption later constituted an element blocking the functioning of the Institutions, sparked by the frustration of the States excluded from this Arrangement.

Therefore, the organization of the Conference of Heads of States Parties proved necessary to, on the one hand, overcome the operating difficulties of the OHADA Institutions, by carrying out a rereading of the “Arrangements of N’Djamena” and, on the other hand, complete the revision of the Port-Louis Treaty initiated a long time ago in order to have it signed by the Heads of State Parties of OHADA.

These two challenges were met thanks to the Senegalese presidency of the OHADA Council of Ministers, decisively supported by the Secretary General of the OIF, in this case President Abdou DIOUF.

Sale price: 15,000 FCFA

Points of sale:

SENEGAL

L’Harmatan Library of lawyers at the courthouse in Dakar House of lawyers in Dakar

BENIGN

The Higher Regional School of Magistracy (ERSUMA), Porto-Novo

CAMEROON

Permanent Secretariat of OHADA, Yaoundé

For more information, please contact the author:

Serigne Modou DIAKHATE

E-mail : thianemodou@gmail.com / thianemodou@yahoo.fr

1698160044
#OHADA #book #OHADA

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