LL.M. (International Commercial Law) / The Original BRIC Organization comprising Brazil, Russia, India and China, was first conceived in 2001 as part of an economic modeling exercise to forecast global economic trends. Fast forward almost a decade into its existence and BRIC was up for a change. The BRIC foreign Ministers at a meeting held in New York in 2010, came to an agreement to invite South Africa to join the Organization. On the 14 April 2011, South Africa attended the first joint summit, evolving the former BRIC to what is known today as BRICS, the “S” referring to South Africa. This move is seen as a significant step, as its members‟ now come from four different continents and is sure to turn heads in the “old North”, what used to be the traditional Western dominance over the global economy. BRICS comprises some of the world‟s fastest growing and biggest economies, as illustrated by the statistics that emanated from the most recent summit held in Durban in March 2013. Senior Goldman Sachs economist Jim O‟ Neil, the person responsible for coining the „BRIC‟ acronym, predicted in 2001 that the combined economies of Brazil, Russia and China would overtake the United States and the G-7 countries. Since that bold statement in 2001, the words uttered by O‟Neil have become more than just a prediction. As Bidwai points out, BRICS account for over 40% of the world‟s population, 18% of its market- exchange GDP, 15% of world trade and two-fifths of its foreign currency reserves. It goes without saying that the BRICS group has many advantages and strengths that would stand it in good stead going forward. As previously stated, its members are among the fastest growing in the world, economically speaking, and were also least affected by the financial crisis that rocked many of the world‟s powerhouses. There has even been talk of a BRICS Development Bank, which was first tabled in 2012 at the Delhi summit. Although discussions are in its infancy, a proposed $100-billion currency-stabilization contingency reserve arrangement is to be negotiated...

L.LD. (Private International Law) / The United Nations Convention on Contracts for the International Sale of Goods (the CISG or the Vienna Sales Convention) was adopted at a diplomatic conference of the United Nations held in Vienna during 1980. The Convention came into force on 1 January 1988. According to its preamble, the Convention is based on the premise that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade”. The CISG has proven to be successful in its endeavour and currently has 74 member states representative of all legal traditions. As an international convention, the CISG has been lauded for its “simplicity, practicality and clarity”. Schlechtriem observed that the CISG has now gained worldwide acceptance. It has even been stated that the CISG has established a “world law on international sales” and that it has influenced several domestic sales laws. It is submitted that the CISG constitutes an important component of modern international commercial law or of the modern lex mercatoria. Therefore, a study that aims to establish a better understanding of the scope and functioning of the CISG and its relationship with domestic law, is of special relevance for the international business and legal community. The two basic methods of the unification of law, ie the unification of substantive law and the unification of private international law, have both been utilised in the field of the international sale of goods. The CISG is the most notable example of first mentioned method of unification.

It is universally acknowledged that international trade and cooperation have become key drivers of SMEs. Indeed, the success of SMEs in the sales sector depends upon their capacity to conquer the foreign market and compete with larger companies. Many SMEs today, in particular those in Central and West Africa, are very much aware of this reality. However, because of differences between domestic laws and their maladjustment, many African SMEs still struggle to enter the international market and compete with larger companies. It is therefore obvious that any SMEs that want to succeed in international commerce today will be called upon to confront different regulations, whether domestic, regional or international, which are often shaped according to the realities and expectations of a particular environment. The challenge today is to regulate and harmonise these different legal systems, in order to render the law identical in numerous jurisdictions. This process of unifying the law internationally, in particular the law of sale, started in 1920 and culminated in 1988, with the implementation of the CISG. This Convention, which has become the primary law for international sales contracts, endeavours to deal with this problem of differences in law between states on a global scale, by attempting to achieve a synthesis between different legislations, such as civil law, common law, socialist law, and the law regarding industrialised and Third World countries. Even though the CISG appears to be a compromise between different legal systems, the fact remains that it is not yet applicable in many countries, especially those in Central and West Africa, which are mostly still ruled by domestic and regional law, namely the OHADA. The purpose of this study is to attempt to analyse and compare the OHADA’s Uniform Act Relating to Commercial Law to the CISG, in order to identify similarities and differences between the two, and to determine, with regard to the operating mode and structure of SMEs in West and Central Africa, which one of the two legislations is more appropriate. / Private Law / LL. M.