The Chinese scholars'' and investors'' neglect of the OHADA commercial laws results from the following facts: First, most of the Chinese scholars involve themselves in the study of the legal systems of the developed countries such as the US, UK, and Germany, and do not care much about legal developments in the developing countries, especially African countries. Some of them even have misunderstandings about African law, so they won''t spend their time studying African law, let alone the OHADA law. Second, for some Chinese scholars, the low level of investment in and trade with the OHADA member states makes it unnecessary to study OHADA law. At present, Chinese investment in Africa is mainly in some large countries such as South Africa, Nigeria, Sudan, Egypt, etc. Third, the fact that the official language of OHADA is French and the Uniform Acts and judgments from CCJA are made in French makes it difficult for Chinese scholars to research it. Most Chinese legal scholars do not understand French. Fourth, the difficult access to OHADA materials including the court decisions and scholarly analysis also frustrates some Chinese scholars'' enthusiasm for studying it. As for investors, they “must have easy access to current information about OHADA and its evolution before they can have a basis upon which to asses the value of improvements that OHADA is bringing to the region''s security”. [43]
The situation is changing now. More and more Chinese scholars and investors are beginning to realize the significance of learning African law, especially the commercial laws, and the interest in African law studies is increasing in Chinese academic circles. At present professor Hong Yonghong is undertaking a national research project on the history and future of China-African legal cooperation; a feasible way for the exchange of law between both sides will be proposed after its completion. Dr. Zhu Weidong from the Centre has also received a grant from the Education Department of Hunan Province for the study of the harmonization of commercial laws in Africa, especially OHADA law. But frankly speaking, research into the harmonized commercial laws in Africa is still far behind the development of China-African trade and investment; it is therefore suggested that more efforts be spent on the OHADA law so as to raise public awareness of it in China.
IV. Conclusion
As can be learned from the above, compared with the rapid and extensive development of China-African investment and trade, the exchange of law between both sides goes slowly and narrowly. The role of law in investment should be given more attention: “if properly designed, the law could have strong pro-development effects by both encouraging capital investment and facilitating trade”.[44] Chinese investors should pay more concern to the harmonized commercial laws in Africa, if they want to invest under uniform conditions in a group of African countries instead of in a small one. It is generally recognized that the commercial laws of OHADA are properly designed; they reduce legal uncertainty and insecurity, replace outdated national legislation in member states, and thus create a more attractive legal environment for companies doing business in Africa. Therefore, the harmonization of commercial laws in Africa should not be neglected but be emphasized in China.
