The Protection of Stakeholders under OHADA and English Law: A Critical Analysis

Abstract

The advance towards economic and business sustainability poses a universal challenge for modern society as well as companies now our days. Professionals and academicians continuously redefine business processes and design management mechanisms in a more appropriate way in order to allow companies to balance economic activity with the environmental and social impact that they generate. However, it is glaring that the OHADA and English laws are marred with many ambiguities and challenges for the protection of stakeholders which raises worries as to their applicability within their zones respectively. Consequent upon this, this paper has as main objective to critically examine the effective application of the OHADA and English laws geared at protecting stakeholders within their respective zones. In this light, adopting an in-depth content analysis based on primary and secondary sources of data collection is imperative to achieve this goal. Thus, this paper concludes that the OHADA and English laws as the masterpiece of legislations on the protection of stakeholders contains some obsolete and vague provisions which require revision and clarification to effectively protects stakeholders. These limitations will therefore, necessitate the suggestion of some possible recommendations to provide an enabling legal environment for the protection of stakeholders within the OHADA and English law zones respectively.