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Author: Boris Martor Publisher: Kogan Page Publishers ISBN: 9780749439088 Category : Business & Economics Languages : en Pages : 410
Book Description
Buisness Law In Africa gives a general presentation of the seven Uniform Acts that have been issued to date concerning, respectively, general commercial law, corporate law, bankruptcy, securities, accounting, recovery and enforcement procedures, and arbitration.
Author: Boris Martor Publisher: Kogan Page Publishers ISBN: 9780749439088 Category : Business & Economics Languages : en Pages : 410
Book Description
Buisness Law In Africa gives a general presentation of the seven Uniform Acts that have been issued to date concerning, respectively, general commercial law, corporate law, bankruptcy, securities, accounting, recovery and enforcement procedures, and arbitration.
Author: Martha Simo Tumnde Publisher: GMB Publishing, Limited ISBN: Category : Commercial law Languages : en Pages : 192
Book Description
The Organization for Harmonization in Africa of Business Laws (OHADA) system has been adopted by 17 West African nations in order to increase their attractiveness to foreign investors and business partners. This book introduces OHADA laws to common-law trained, English-speaking jurists with clients in West or Central Africa.
Author: Morten Fogt Publisher: Kluwer Law International B.V. ISBN: 9041140751 Category : Law Languages : en Pages : 405
Book Description
In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
Author: Won Kidane Publisher: Kluwer Law International B.V. ISBN: 9041142843 Category : Law Languages : en Pages : 571
Book Description
The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.
Author: Olufemi Amao Publisher: Oxford University Press ISBN: 0198862156 Category : Law Languages : en Pages : 497
Book Description
This edited collection explores the role of law in the regional integration effort in Africa, and assesses the extent to which African Union law is having in impact on domestic law across the continent. It analyses how the African Union is engendering new norms and standards, in areas such as economic regulation and democratic constitutionalism.--
Author: Martha S. Tumnde Publisher: ISBN: 9781846731983 Category : Commercial law Languages : en Pages : 191
Book Description
"As OHADA (Organization for Harmonization in Africa of Business Laws) is largely based on the Francophone legal system, it is now essential to make its laws and principles accessible to a broader audience of international attorneys and their clients, particularly at this time when Africa has become of growing interest to the international business and investor community. The OHADA system has so far been adopted by now 17 West and Central African nations, in order to increase their attractiveness to foreign investors and business partners."--Back cover.
Author: Humberto Zúñiga Schroder Publisher: Kluwer Law International B.V. ISBN: 9041142754 Category : Law Languages : en Pages : 234
Book Description
Standards are a feature of virtually all areas of trade in products and services. Yet, although standards may achieve an efficient economic exchange, they have discriminatory consequences for trading partners when governments formulate or apply them in such a way as to cause obstacles to trade, thus enrolling standards among the increasingly significant ‘non-tariff barriers’ regulated by the WTO. This unique and original study analyses the functions that standards fulfil in the market, their effect on trade, and the legal regime based on harmonization, equivalence and mutual recognition developed by the WTO to deal with standards. The author investigates the way in which both the WTO Technical Barriers to Trade (TBT) and the Sanitary and Phytosanitary (SPS) Measures Agreements regulate these three tools, and discusses key topics including: The definition of the concept ‘International Standard’ in the TBT Agreement. Guidelines on equivalence issued by organizations such as the Codex Alimentarius Commission, the World Organization for Animal Health and the International Plant Protection Convention. Parallels between the EC mutual recognition regime and the WTO system. This is the first work on its subject. With its detailed and practical analysis of WTO law on standards, the book is a fundamental reference for practitioners, academics and policy makers in international trade law.
Author: Boris Martor
Author: Boris Martor
Author: Martha Simo Tumnde
Author: USA International Business Publications
Author: IBP USA Staff
Author: Morten Fogt
Author: Mohammed Baba Idris
Author: Won Kidane
Author: Olufemi Amao
Author: Martha S. Tumnde
Author: Humberto Zúñiga Schroder