Harmonising investment laws in the OHADA space

 

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dc.contributor.advisor Nkomo, Marumo en_ZA
dc.contributor.advisor Bosman, Lise en_ZA
dc.contributor.author Mugangu, Marie Providence Ntagulwa en_ZA
dc.date.accessioned 2015-11-21T09:38:05Z
dc.date.available 2015-11-21T09:38:05Z
dc.date.issued 2015 en_ZA
dc.identifier.citation Mugangu, M. 2015. Harmonising investment laws in the OHADA space. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/15194
dc.description.abstract The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established for the purpose of restoring legal and judicial security in the region to attract more investment. The OHADA Treaty included certain areas of business law within its ambit but omitted investment law. There are several laws on investment in the region at the national, regional and sub-regional level that regulate the treatment of foreign investments such as CEMAC and UEMOA investment charters. Moreover OHADA states sign BITs to protect foreign investments. The relationship between the different sub regional laws on investment and OHADA is not yet clear but case law suggests that CEMAC and UEMOA courts recognise the supremacy of OHADA law and their lack of competence to hear matters regulated under OHADA. The standards of protection granted by OHADA states in BITs are very high thus taxing on them. This thesis suggests that OHADA states should either qualify these standards of protection or replace them with more specific provisions. The OHADA system of arbitration cannot effectively settle investment disputes arising out of a BIT leaving international arbitration systems such as ICSID as the best alternative to resolve investment disputes arising out of BITs. en_ZA
dc.language.iso eng en_ZA
dc.subject.other International Trade Law en_ZA
dc.title Harmonising investment laws in the OHADA space en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Mugangu, M. P. N. (2015). <i>Harmonising investment laws in the OHADA space</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/15194 en_ZA
dc.identifier.chicagocitation Mugangu, Marie Providence Ntagulwa. <i>"Harmonising investment laws in the OHADA space."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015. http://hdl.handle.net/11427/15194 en_ZA
dc.identifier.vancouvercitation Mugangu MPN. Harmonising investment laws in the OHADA space. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15194 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mugangu, Marie Providence Ntagulwa AB - The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established for the purpose of restoring legal and judicial security in the region to attract more investment. The OHADA Treaty included certain areas of business law within its ambit but omitted investment law. There are several laws on investment in the region at the national, regional and sub-regional level that regulate the treatment of foreign investments such as CEMAC and UEMOA investment charters. Moreover OHADA states sign BITs to protect foreign investments. The relationship between the different sub regional laws on investment and OHADA is not yet clear but case law suggests that CEMAC and UEMOA courts recognise the supremacy of OHADA law and their lack of competence to hear matters regulated under OHADA. The standards of protection granted by OHADA states in BITs are very high thus taxing on them. This thesis suggests that OHADA states should either qualify these standards of protection or replace them with more specific provisions. The OHADA system of arbitration cannot effectively settle investment disputes arising out of a BIT leaving international arbitration systems such as ICSID as the best alternative to resolve investment disputes arising out of BITs. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Harmonising investment laws in the OHADA space TI - Harmonising investment laws in the OHADA space UR - http://hdl.handle.net/11427/15194 ER - en_ZA


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