Search results for "African law"
showing 9 items of 19 documents
OHADA law and its target population: Is there room for African traditional law within the harmonisation of contract laws in Africa?
2018
The essay studies to which extent the African legal culture can contribute to the development of official law in Africa. Particular attention is deserved to contract law and the idea of harmonizing the area of contract law in the OHADA context.
Land Law in the Eritrean State
2022
Land tenure is a fundamental and – at the same time – very sensitive issue in Africa. This is a common denominator in almost every part of the continent, and Eritrea is not an exception in this regard. The paper illustrates the development of land law in post-independence Eritrea, from the beginning of the development of the Eritrean legal system to the newly issued (but not yet in force) Civil Code. While illustrating the different developments of land tenure in Eritrea, the paper intends to show how traditional law continues to be the reference point for Eritreans with reference to land management, despite any legislative attempt to set it aside.
Law and Economics in non-Western Legal Systems
2022
The chapter describes the relationship between law and economics in the main non-Western legal systems.
African Legal Hybridity: Interaction of Western, Islamic and Native Law in the Comorian Legal System
2010
The article deals with the issue of legal hybridity in the African context using Comorian law as a case study
African Law in Action
2014
AbstractThis article discusses the issue of the effectiveness of law in Africa, looking at it from a perspective different from those commonly used in dealing with this theme. It proposes an analysis of the interactions between traditional, religious and official law in the course of the historical development of African law through the lens of the stratigraphic method. The analysis takes into consideration the different legal layers that have been posed upon each other. The work focuses on areas of law that are not commonly considered in this regard; in addition, the discourse is conducted using examples taken from jurisdictions that are not normally present in debates on African law. This…
OHADA: Lei da arbitragem e a harmonizaçao do direito comercial em Africa
2008
L'aricolo esamina il regime dell'arbitrato nell'ambito del diritto commerciale armonizzato dell'OHADA.
Profiling in Algorithm-Based Decisions: An African Perspective
2023
The chapter explores the experience of algorithm-based decisions in Africa, and how non-African players are using artificial intelligence to enhance their presence in Africa. The chapter then looks at how some of the legal systems of Africa are adapting to deal with this phenomenon in the related jurisdictions.
Foreign Direct Investments and the Rule of Law in Africa in the context of legal integration
2019
This essay focuses on the relationship between foreign direct investment (FDI) and the rule of law in the context of legal integration in Africa, outside of the AfCFTA agreement. Specifically, the essay investigates the concept of the rule of law, taking into account its ‘dynamic’ side, that is the power to shape and model the structure of a state using the example of OHADA. The OHADA framework shows that the relationship between foreign direct investment (FDI) and the rule of law is not unilateral but a ‘two-way mutual’ relationship where both actors contribute to the success of the system, adapting to each other in order to achieve their respective goals.
The crime of consumption of alcoholic beverages in the Somali Penal Code
2021
Somalia is a Muslim country whose criminal law has been based on the 1930 Italian penal code to which some changes have been made to try to adapt it to the local context. One of these changes has been to introduce the crime of consumption of alcoholic beverages, a crime that anyway could be committed only by local Somali people due to their religious belief. This chapter analyzes this part of the Somali penal code trying to highlight the issues arising from the text of the law. The analysis is compared to the regime existing in the other Muslim African countries to understand similarities and differences with the Somali regulation. A conclusion is then drawn up also in view of a possible fu…