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International Court Authority$
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Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen

Print publication date: 2018

Print ISBN-13: 9780198795582

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198795582.001.0001

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The OHADA Common Court of Justice and Arbitration

The OHADA Common Court of Justice and Arbitration

Its Authority in the Formal and Informal Economy

Chapter:
(p.103) 5 The OHADA Common Court of Justice and Arbitration
Source:
International Court Authority
Author(s):

Claire Moore Dickerson

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795582.003.0005

This chapter focuses on the OHADA Common Court of Justice and Arbitration. The Common Court of Justice and Arbitration (CCJA) is the supranational, apex court of the Organization for the Harmonization in Africa of Business Law (OHADA), an organization that currently covers seventeen countries in West and Central Africa. The CCJA’s authority is meaningful only if it actually affects the lives of a broad spectrum of private economic actors within OHADA’s territory, not just the OHADA Treaty’s member states. There is considerable evidence that, in the formal economy, private litigants, state actors and national judges desire and expect CCJA to be enforced. By contrast, in the informal economy that represents a significant portion of the population and national economy, the CCJA is unlikely to have authority because the relevant actors do not look to formal law or formal legal institutions for guidance in commercial transactions or for dispute resolution.

Keywords:   OHADA, Common Court of Justice and Arbitration, authority, private economic actors, OHADA Treaty, formal sector, private litigants, informal sector

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