UNIFICATION AND HARMONIZATION OF COMMERCIAL LAWS IN UGANDA

Unification and harmonization of commercial laws are important legal and institutional strategies for reducing the uncertainty that arises when businesses transact across different jurisdictions. For Uganda, a landlocked economy whose imports and exports depend on regional transport corridors, customs systems and cross-border services, predictable commercial rules can lower transaction costs, improve access to markets and strengthen investor confidence. This review critically examines literature on the development of Uganda's commercial law within the East African Community (EAC), the African Continental Free Trade Area (AfCFTA) and international commercial-law initiatives associated with the United Nations Commission on International Trade Law (UNCITRAL).The literature shows that legal convergence is uneven rather than complete. Regional cooperation is visible in customs administration, trade facilitation and selected areas of dispute resolution. Uganda also has domestic legislation governing arbitration, sale of goods and services, company activity, insolvency, electronic transactions and intellectual property. Nevertheless, the existence of statutes and regional commitments does not, by itself, establish effective harmonization. Differences in national legislation, institutional capacity, implementation, judicial interpretation, digital infrastructure and access to remedies may continue to create practical barriers for businesses.The review identifies four central arguments. First, harmonization must be assessed at three levels: formal legal alignment, institutional implementation and practical outcomes for traders and investors. Second, adoption of international instruments is valuable only when accompanied by domestic adaptation, trained institutions and accessible enforcement. Third, customs and trade facilitation initiatives demonstrate the potential gains from coordinated rules, but they cannot be treated as proof that all commercial-law fields have been harmonized. Fourth, cross-border insolvency, digital trade, consumer protection and the enforcement of commercial dispute outcomes remain important areas for further empirical and doctrinal investigation.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-30
DOI
https://doi.org/10.5281/zenodo.23806555
Primary Topic
Comparative and International Law Studies
Type
article
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article

UNIFICATION AND HARMONIZATION OF COMMERCIAL LAWS IN UGANDA

NAKALAWA SWABULAH
Zenodo (CERN European Organization for Nuclear Research)
Comparative and International Law Studies
article

UNIFICATION AND HARMONIZATION OF COMMERCIAL LAWS IN UGANDA

NAKALAWA SWABULAH
article en

Abstract

Unification and harmonization of commercial laws are important legal and institutional strategies for reducing the uncertainty that arises when businesses transact across different jurisdictions. For Uganda, a landlocked economy whose imports and exports depend on regional transport corridors, customs systems and cross-border services, predictable commercial rules can lower transaction costs, improve access to markets and strengthen investor confidence. This review critically examines literature on the development of Uganda's commercial law within the East African Community (EAC), the African Continental Free Trade Area (AfCFTA) and international commercial-law initiatives associated with the United Nations Commission on International Trade Law (UNCITRAL).The literature shows that legal convergence is uneven rather than complete. Regional cooperation is visible in customs administration, trade facilitation and selected areas of dispute resolution. Uganda also has domestic legislation governing arbitration, sale of goods and services, company activity, insolvency, electronic transactions and intellectual property. Nevertheless, the existence of statutes and regional commitments does not, by itself, establish effective harmonization. Differences in national legislation, institutional capacity, implementation, judicial interpretation, digital infrastructure and access to remedies may continue to create practical barriers for businesses.The review identifies four central arguments. First, harmonization must be assessed at three levels: formal legal alignment, institutional implementation and practical outcomes for traders and investors. Second, adoption of international instruments is valuable only when accompanied by domestic adaptation, trained institutions and accessible enforcement. Third, customs and trade facilitation initiatives demonstrate the potential gains from coordinated rules, but they cannot be treated as proof that all commercial-law fields have been harmonized. Fourth, cross-border insolvency, digital trade, consumer protection and the enforcement of commercial dispute outcomes remain important areas for further empirical and doctrinal investigation.

Zenodo (CERN European Organization for Nuclear Research)
Kampala International University (UG)
Peace, justice, and strong institutions
Openalex Percentile: Top 3%
Comparative and International Law Studies
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