Harmonising regional trade law in the Southern African Development Community (SADC) : a critical analysis of the CISG, OHADA and CESL / Tapiwa Shumba.
2015
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Details
Author
Title
Harmonising regional trade law in the Southern African Development Community (SADC) : a critical analysis of the CISG, OHADA and CESL / Tapiwa Shumba.
Edition
1st ed.
Imprint
Baden-Baden : Nomos Verlagsgesellschaft ; Oxford : Hart, 2015.
Description
1 online resource (359 p.)
Series
Recht und Verfassung in Afrika ; Bd. 27.
Formatted Contents Note
A. Introduction
B. Legal harmonisation and the SADC region
C. Selected models for harmonising the law of sale in SADC
D. Conclusions and recommendations.
B. Legal harmonisation and the SADC region
C. Selected models for harmonising the law of sale in SADC
D. Conclusions and recommendations.
Summary
"A detailed critical analysis of the CISG, OHADA and CESL as models for the harmonisation of sales laws in the SADC region. The study is cutting edge research on SADC and the application of its legal and institutional framework towards creating and implementing community laws. This study focuses on the need to harmonise the law of international sale within the SADC region in order to facilitate international trade with the aim of fostering regional integration, economic development and alleviating poverty. This study addresses the mechanisms by which such harmonisation could be achieved by analysing three models which have been selected for this purpose, namely the CISG, the OHADA and the proposed CESL. The main issues addressed include whether SADC Member States should adopt the CISG, join OHADA, emulate the CESL or should use any of the other instruments as a model for creating a harmonised sales law for SADC. In conclusion, it is observed that SADC has its own institutional and operational mechanisms that require a process and instrument tailor-made for the unique needs of the region. It is recommended that SADC should create its own common sales law based on the CISG but taking into account lessons learnt from both the OHADA system and the CESL. A number of legislative, institutional and operational transformative and reform mechanisms are recommended to enable the creation of such a community law and ensure its uniform application and interpretation."--Bloomsbury Publishing.
Note
Originally presented as the author's thesis (doctoral), Stellenbosch University, under the title: Harmonising the law of international sales in the Southern African Development Community: an analysis of selected models.
Bibliography, etc. Note
Includes bibliographical references (pages 331-359).
Available Note
Also issued in print.
Location
www
Available in Other Form
Original
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
Reproduction
Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement.
ISBN
9781509913206 online
Record Appears in