Harmonising Regional Trade Law in the Southern African Development Community (SADC)

A Critical Analysis of the CISG, OHADA and CESL

By Tapiwa Shumba

This study focuses on the need to harmonize the law of international sale within the Southern African Development Community (SADC) region, in order to facilitate international trade with the aim of fostering regional integration, economic development, and alleviating poverty. The book addresses the mechanisms by which such harmonization could be achieved by analyzing three models which have been selected for this purpose, namely: the United Nations Convention on Contracts for the International Sale of Goods (CISG), the Organisation pour l'Harmonisation en Afrique du Droit des Affaires / Organization for the Harmonization of Business Law in Africa (OHADA), and the proposed Common European Sales Law (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 harmonized sales law for the SADC. In conclusion, it is observed that the 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 the SADC should create its own common sales law based on the CISG, but taking into account lessons learned from both the OHADA system and the CESL. A number of legislative, institutional, and operational reform mechanisms are recommended to enable the creation of such a community law and ensure its uniform application and interpretation. The book will be of interest to both academics and practitioners within the fields of international trade law, private international law and European law. [Subject: International Trade Law, Private International Law, African Law, European Law]


Publication Date: 9/10/2015
Format: Cloth
ISBN: 9781509900251