The Case for the Harmonisation of Commercial Law in West Africa

The realisation of West Africa’s objective of economic growth and sustainable development has been the basis behind a further push towards regional integration over the past two decades. This paper puts up a case on the need for a harmonised system of laws to regulate commercial transactions within the region by addressing two core aspects of promoting regional trade namely: a) The existence of an economic body and;b) A legal system to govern the commercial laws of countries within the region. In light of the recent formation and success of OHADA, an organisation charged with the task of harmonising commercial laws in Africa, this paper analyses OHADAs impact and its potential for success if applied in across West Africa whilst comparing OHADA with other advocated approaches to the harmonisation of commercial law in West Africa.