Publication: Can OHADA Increase Legal Certainty in Africa?
Loading...
Date
2011-01
ISSN
Published
2011-01
Author(s)
Editor(s)
Abstract
This paper describes the origins, structure, and practical impact of the Organization for the Harmonization of Business Law in Africa (OHADA). It analyzes the institutional framework created via the OHADA treaty and the legal, jurisprudential, and functional challenges that OHADA member states are still grappling with. Details of the nine substantive laws that have so far been ratified as uniform acts by means of the treaty have also been provided. The authors conclude that in making OHADA law effective, member states face continuing and substantial resource deficits, institutional deficiencies, language ambiguities, and intransigent official attitudes toward the need for appropriate mechanisms for the pursuance and enforcement of OHADA laws and processes.
Link to Data Set
Citation
“Beauchard, Renaud; Kodo, Mahutodji Jimmy Vital. 2011. Can OHADA Increase Legal Certainty in Africa?. Justice and development working paper series;no. 17. © http://hdl.handle.net/10986/18322 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Union of Comoros : Detailed Assessment Report of Anti-Money Laundering and Combatting the Financing of Terrorism(World Bank, Washington, DC, 2010-03)The assessment of the anti-money laundering and combating the financing of terrorism (AML/CFT) system of the Union of the Comoros was based on the 2003 Forty Recommendations and the 2001 Nine Special Recommendations developed by the FATF (Financial Action Task Force). It was prepared according to the 2004 AML/CFT Methodology, as updated in October 2008. The assessment was based on laws, regulations, and other documents provided by the Union of the Comoros, as well as information gathered by the assessment team during its on-site visit of May 6-20, 2009 and following the mission. During the course of its visit, the assessment team met with leaders and representatives from competent governmental agencies and the private sector. The assessment was performed by a team made up of International Monetary Fund (IMF) staff, an expert acting under the supervision of the IMF, and an expert acting under the supervision of the World Bank. The participants in this assessment were Emmanuel Mathias (LEG, mission chief), Chady El Khoury (LEG), Habib Hitti (expert under the supervision of the LEG), and André Cuisset (expert under the supervision of the World Bank). The experts analyzed the institutional framework, laws, regulations, guidelines, and obligations with respect to AML/CFT, as well as the regulatory system or other systems in effect to combat money laundering and terrorist financing within financial institutions and DNFPBs . The adequacy, implementation, and effectiveness of all these mechanisms were also evaluated. This report provides a summary of the AML/CFT measures in effect in the Union of the Comoros on the date of or shortly after the on-site visit. It describes and analyzes these measures, indicates the level of the Union of the Comoros compliance with the 40 + 9 FATF Recommendations (See Table 1), and makes recommendations on measures to be taken to strengthen certain aspects of the systemPublication Asset Recovery Handbook : A Guide for Practitioners(World Bank, 2011-01-18)The handbook is organized into nine chapters, a glossary, and ten appendixes of additional resources. Chapter one provides a general overview of the asset recovery process and legal avenues for recovery, along with practical case examples. Chapter two presents a host of strategic considerations for developing and managing an asset recovery case, including gathering initial sources of facts and information, assembling a team, and establishing a relationship with foreign counterparts for international cooperation. Chapter three introduces the techniques that practitioners may use to trace assets and analyze financial data, as well as to secure reliable and admissible evidence for asset confiscation cases. The provisional measures and planning necessary to secure the assets prior to confiscation are discussed in chapter four; and chapter five introduces some of the management issues that practitioners will need to consider during this phase. Confiscation systems are the focus of chapter six, including a review of the different systems and how they operate and the procedural enhancements that are available in some jurisdictions. On the issue of international cooperation, chapter seven reviews the various methods available, including informal assistance and mutual legal assistance requests; and guides practitioners through the entire process. Finally, chapters eight and nine discuss two additional avenues for asset recovery-respectively, civil proceedings and domestic confiscation proceedings undertaken in foreign jurisdictions.Publication The World Bank Legal Review, Volume 4 : Legal Innovation and Empowerment for Development(Washington, DC: World Bank, 2013)The World Bank legal review gathers this input from around the world and compiles it into a useful resource for all development practitioners and scholars. The subtitle of this volume, legal innovation and empowerment for development, highlights how the law can respond to the chal-lenges posed to development objectives in a world slowly emerging from an economic crisis. The focus on innovation is a call for new, imaginative strategies and ways of thinking about what the law can do in the development realm. The focus on empowerment is a deliberate attempt to place the law into the hands of the poor; to give them another tool with which to resist poverty. This volume shows some of the ways that the law can make an innovative and empowering difference in development scenarios. Development problems are complex and varied, and the theme of innovation and empowerment naturally has a broad scope. Consequently, this volume reaches far and wide. It considers the nature, promise, and limitations of legal innovation and legal empowerment. It looks at concrete examples in places such as Africa, the Asia-Pacific region, and Latin America. It considers developments in issues with universal application, such as the rights of the disabled and the effectiveness of asset recovery measures. The theme of legal innovation and empowerment for development complements substantive and institutional sensibilities in current development policy. Substantively, development policy discourse seems to have moved away from tacking hard toward statist policy or neoliberal policy. Although this brief introduction cannot do justice to the richness and complexity of these contributions, it does consider each focal point in turn.Publication Anti-Money Laundering and Combating the Financing of Terrorism : Niger(GIABA and the World Bank, Washington, DC, 2009-05-05)The assessment of the Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) regime in Niger was conducted on the basis of the Forty Recommendations and the Nine Special Recommendations on the financing of terrorism drawn up in 2003 and 2001, respectively, by the Financial Action Task Force (FATF), and on the AML/CFT Methodology of 2004. The assessment was based on the laws, regulations, and other materials supplied by the national authorities of Niger, as well as the information gathered in the course of the country visit from June 16 to 27, 2008. During its visit, the assessment team met with the managers and representatives of all the relevant government agencies and the private sector The assessment was conducted by an evaluation team from the World Bank and the Intergovernmental Anti-Money Laundering Group in West Africa (GIABA). To this end, they analyzed the institutional framework, the AML/CFT laws and regulations, regulations, guidelines and other obligations, as well as regulatory or other regimes in force in Niger for combating money laundering and the financing of terrorism. The capacity, implementation, and effectiveness of all these mechanisms were assessed as well. This report provides a summary of the AML/CFT measures in force in Niger as at the date of the on-site visit or immediately thereafter. It describes and analyzes those measures, and makes recommendations on how certain aspects of the system could be strengthened. It also sets out Niger s level of compliance with the FATF 40+9 Recommendations.Publication Comparative Study on Expert Witnesses in Court Proceedings(World Bank, 2010-06-30)The Turkish Ministry of Justice has identified the existing system of expert witnesses as an obstacle to the efficiency and effectiveness of the judicial services. The 2009 judicial reform strategy and the judicial reform action plan call for a comparative study analyzing the experience in other countries to provide input into the policy debate in Turkey. This study provides descriptions and analyses of approaches to the use of expert opinions in civil, criminal, and administrative court proceedings in France, Germany, Italy, and the United States. It focuses on five key areas: access to the function of expert, execution of an expert opinion, the opinion and its use in evidence, remuneration, and liability.
Users also downloaded
Showing related downloaded files
Publication The Journey Ahead(Washington, DC: World Bank, 2024-10-31)The Journey Ahead: Supporting Successful Migration in Europe and Central Asia provides an in-depth analysis of international migration in Europe and Central Asia (ECA) and the implications for policy making. By identifying challenges and opportunities associated with migration in the region, it aims to inform a more nuanced, evidencebased debate on the costs and benefits of cross-border mobility. Using data-driven insights and new analysis, the report shows that migration has been an engine of prosperity and has helped address some of ECA’s demographic and socioeconomic disparities. Yet, migration’s full economic potential remains untapped. The report identifies multiple barriers keeping migration from achieving its full potential. Crucially, it argues that policies in both origin and destination countries can help maximize the development impacts of migration and effectively manage the economic, social, and political costs. Drawing from a wide range of literature, country experiences, and novel analysis, The Journey Ahead presents actionable policy options to enhance the benefits of migration for destination and origin countries and migrants themselves. Some measures can be taken unilaterally by countries, whereas others require close bilateral or regional coordination. The recommendations are tailored to different types of migration— forced displacement as well as high-skilled and low-skilled economic migration—and from the perspectives of both sending and receiving countries. This report serves as a comprehensive resource for governments, development partners, and other stakeholders throughout Europe and Central Asia, where the richness and diversity of migration experiences provide valuable insights for policy makers in other regions of the world.Publication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.Publication Argentina Country Climate and Development Report(World Bank, Washington, DC, 2022-11)The Argentina Country Climate and Development Report (CCDR) explores opportunities and identifies trade-offs for aligning Argentina’s growth and poverty reduction policies with its commitments on, and its ability to withstand, climate change. It assesses how the country can: reduce its vulnerability to climate shocks through targeted public and private investments and adequation of social protection. The report also shows how Argentina can seize the benefits of a global decarbonization path to sustain a more robust economic growth through further development of Argentina’s potential for renewable energy, energy efficiency actions, the lithium value chain, as well as climate-smart agriculture (and land use) options. Given Argentina’s context, this CCDR focuses on win-win policies and investments, which have large co-benefits or can contribute to raising the country’s growth while helping to adapt the economy, also considering how human capital actions can accompany a just transition.Publication World Development Report 2006(Washington, DC, 2005)This year’s Word Development Report (WDR), the twenty-eighth, looks at the role of equity in the development process. It defines equity in terms of two basic principles. The first is equal opportunities: that a person’s chances in life should be determined by his or her talents and efforts, rather than by pre-determined circumstances such as race, gender, social or family background. The second principle is the avoidance of extreme deprivation in outcomes, particularly in health, education and consumption levels. This principle thus includes the objective of poverty reduction. The report’s main message is that, in the long run, the pursuit of equity and the pursuit of economic prosperity are complementary. In addition to detailed chapters exploring these and related issues, the Report contains selected data from the World Development Indicators 2005‹an appendix of economic and social data for over 200 countries. This Report offers practical insights for policymakers, executives, scholars, and all those with an interest in economic development.Publication Lebanon Economic Monitor, Fall 2022(Washington, DC, 2022-11)The economy continues to contract, albeit at a somewhat slower pace. Public finances improved in 2021, but only because spending collapsed faster than revenue generation. Testament to the continued atrophy of Lebanon’s economy, the Lebanese Pound continues to depreciate sharply. The sharp deterioration in the currency continues to drive surging inflation, in triple digits since July 2020, impacting the poor and vulnerable the most. An unprecedented institutional vacuum will likely further delay any agreement on crisis resolution and much needed reforms; this includes prior actions as part of the April 2022 International Monetary Fund (IMF) staff-level agreement (SLA). Divergent views among key stakeholders on how to distribute the financial losses remains the main bottleneck for reaching an agreement on a comprehensive reform agenda. Lebanon needs to urgently adopt a domestic, equitable, and comprehensive solution that is predicated on: (i) addressing upfront the balance sheet impairments, (ii) restoring liquidity, and (iii) adhering to sound global practices of bail-in solutions based on a hierarchy of creditors (starting with banks’ shareholders) that protects small depositors.