LEGAL FRAMEWORKS FOR SUSTAINABLE PEACE: INTEGRATING CONFLICT RESOLUTION IN CORPORATE LAW PRACTICE, INSIGHTS FROM OHADA AND ENGLISH CORPORATE LAW

Abstract

The pursuit of lasting peace in Africa is intricately linked to the continent’s economic stability,
which is driven by strong legal frameworks. This study explores the intersection of corporate law
and conflict resolution as essential tools for achieving sustainable peace in Africa. By examining
the role of corporate governance in fostering stability, this paper argues that the integration of
conflict resolution mechanisms into corporate legal structures can mitigate disputes that often lead
to wider social and political unrest. The Organization for the Harmonization of Business Law in
Africa (OHADA), which unifies corporate law across 17 African nations, provides a robust
framework for business regulation that promotes legal certainty, economic integration, and conflict
prevention. However, this structure must be enhanced with dispute resolution mechanisms to
address conflicts that arise within business dealings, such as contract disputes, governance issues,
or cross-border commercial disagreements. In parallel, English corporate law, with its emphasis
on fiduciary duties and equitable remedies, offers complementary tools that can be adapted to
African contexts to ensure fair business practices and transparency, key factors in promoting social
stability. The approach involves an analysis of existing legal frameworks and case studies from
conflict-prone regions in Africa, focusing on how corporate law has been applied and where it has
fallen short in promoting peace. This paper advocates for a hybrid legal structure that merges
elements of OHADA with principles from English corporate law, providing a comprehensive legal
framework that not only governs corporate activities but also proactively prevents and resolves
conflicts. This interdisciplinary approach is essential for fostering an environment where
businesses can thrive, contribute to economic development, and, by extension, support long-term
peace on the continent. Through a content analysis of primary and secondary data, we therefore
uphold that, there is need for African nations to adopt corporate legal structures that integrate
conflict resolution as a key pillar of their economic systems.