Legal Challenges and Opportunities in China Equatorial Guinea Trade Relations: A Comparative Analysis of Commercial Contract Enforcement

This article assesses the forms and formats of laws, contracts, and institutions in relation to trade between China and Equatorial Guinea that fall under the Belt and Road Initiative. The paper then compares the Chinese Civil Code and OHADA’s Legislative Framework (OHADA) in terms of identifying ways in which the lack of mutual recognition of legal systems, language barriers, and inadequate judicial capacity have hindered the enforcement of contracts and created uncertainty regarding the enforcement of those contracts. Theoretical perspectives, using law and development, suggest that a strengthened system of law would foster better governance of trade for developing countries, and identifying legal harmonization through cooperation and creating avenues for building capacity are necessary for strengthening the enforcement of contracts. The findings highlight how legal harmonization and contract enforcement reform can enhance institutional predictability and support sustainable development cooperation under the Belt and Road framework. Additionally, legal harmonization through mutually created legal instruments (and model contracts) can further strengthen transnational commercial relationships and create a more just system of economic development.