The stakeholder theory of corporate control and the place of ethics in OHADA: The case of Cameroon
AbstractThe rapid increase in globalization in the last two and a half decades has caused businesses to easily transcend national boundaries. States respond to such flexibility by harmonising their laws to easily adapt to such changes in order to attract investments. This is the case with the OHADA jurisdiction where its architects foresaw an economic spur through integration of business laws. Though expected to stay within the bounds of the law, the law cannot absolutely determine how businesses should prioritise their stakes. As such, ethics comes in to complement the law. This article uses the stakeholder theory of corporate control to investigate the place of ethics in OHADA, as applied in Cameroon. It concludes that an altruistic social conscience is still highly wanting.
Alhousseini Mouloul. 2009. Understanding the Organisation for the Harmonisation of Business Laws in Africa (OHADA). 2nd. ed. http://www.ohada.com/content/newsletters/1403/Comprendre-l-Ohada-en.pdf.
Boris Martor, Nanette Pilkington, David S. Seller and Sebastien Thouvenot. 2007. Business Law in Africa: OHADA and the Harmonization Process. GMB.
Gower L.C.B. 1992. Principles of Modern Company Law. London: Sweet and Maxwell.
Hergarty, W. H. and Sims, H. P. Jr. 1979 "Organisational Philosophy, Policies and Objectives Related to Unethical Decision Behavior: A Laboratory Experiment." Journal of Applied Psychology 64(3).
Justin Melong. March 2013. "Implementation of Ohada laws in a bilingual and bijural context : Cameroon as a case in point." Revue de lâ€™ERSUMA : Droit des affaires - Pratique Professionnelle, NÂ° 2, Etudes. Also found at http://revue.ersuma.org/no-2-mars-2013/etudes-21/Implementation-of-Ohada-laws-in-a.
Levenson, H. 1974. "Activism and Powerful Others: Distinction within the Concept of Internal-External Control." Journal of Personality Assessment 38.
Luthans, F. and Kreitner, R. 1975. Organizational Behavior Modification and Beyond: An Operant and Social Learning Approach. Scott Forsman, Glenview, IL.
Martha, S. Tumnde, "The Applicability of the OHADA treaty in Cameroon: Problems and Prospects," PUA. http://biblio.ohada.org/greenstone/collect/dohada/index/assoc/HASH6da3.dir/applicability-ohada-treaty-cameroon.pdf.
Njonguo, A. Z. 2014. The Protection of Workers' Rights in Cameroon Under the International Labour Organisation's Tripartite Consultation Convention, 1976. (LL.M Thesis, University of Buea Library Series).
Velasquez, M. G. 2012. Business ethics: Concepts and cases. 7th ed., Upper Saddle River, N.J: Pearson.
W. Edward Stead, Dan L. Worrell, Jean Garner Stead. March 1990. "An Integrative Model for Understanding and Managing Ethical Behaviors in Business Organizations." 9: 3.
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