Steps of writing the recommendation of a masters thesis
Step 1: State a recommendation
Example 1 for Undergraduate Students Topic: Powers of Company Executives under OHADA
– The OHADA Uniform Act should be revised so as to take into consideration the definition of a director of a company.
Step 2: Describe the recommendation
– In this light, OHADA should give a precise definition of the term ‘director’.
Step 3: Explain how the recommendation will help
– This will help in that, it will resolve the problem of referring to managers as directors.
Note: In stating the recommendation, the researcher must be careful to propose only what is possible.
e.g recommending that ‘Cameroon should enact a national law on company executives to address the problems of the OHADA Uniform Act on Commercial Companies and Economic Interest Groups’.
This recommendation is not possible because when it comes to business law specifically companies, the legislator of Cameroon has given powers to OHADA to legislate by virtue of ratification of the OHADA treaty. Besides any national law enacted cannot supersede the OHADA Uniform Act (on Commercial Companies).
The OHADA Uniform Act should be revised so as to take into consideration the definition of a director of a company. In this light, OHADA should give a precise definition of the term ‘director’. This will help in that; it will resolve the problem of referring to managers as directors.
- Without enforcement, the law is like a shadow code riddled with dubious rationalisations. To curb embezzlement, mismanagement and false auditing by company executives, there should be a formidable enforcement mechanism geared towards ensuring transparency in corporate governance. The National Anti-Corruption Commission of Cameroon (CONAC) is a good step in this venture. It is however impeded in its task, as such, it is proposed that it should redouble its efforts to track and sanction company executives who are involved in embezzlement.
- It is also recommended that article 121 and 122 of the OHADA Uniform Act which are considered radical to the concept of corporate capacity should be revised. This revision should adopt the common law position which limits the powers of company executives to acts related to the object of the company.
Example 2 Topic: Combating Terrorism in Cameroon
To resolve the problem of definition, it is recommended that the term “terrorism” should be clearly defined in international legal instruments. This will help in that state parties to these instruments will define terrorism in the domestic laws in accordance with the Treaties. This will help in that it will adopt a uniform legal definition of terrorism.
Preventing Death of Civilians
Declaring war on Boko-Haram means the military is authorized to open fire on them. In as much as the military in involve in combat with the armed men of the Sect, they should try as much as possible to observe the laws of war (Geneva Convention IV). Civilians should not be killed in armed conflict with terrorist and tortured. It is therefore proposed that the military should be educated on ways to prevent loss of civilian lives in armed conflict.
The anti-terrorism law should be revised so as to ensure respect of human’ rights and fundamental freedoms. The provisions of the law which infringes on the right to strike and public gathering should be amended to take into consideration these rights. This will go a long way to eliminate or better still] minimize criticism of the said law which has been used by opposition parties to discredit the government.
Controlling security the institutional effort by the government to crack down Boko Haram by strengthening security is highly applauded.
However, the security measures should not be in such a way as to disrupt the economy and day-to-day activities.
It is proposed that cumbersome security checks at check points on the high way should be lessen or better still control in such a way that it would not constitute disturbance. Businesses that operate at night should be allowed to operate because they contribute to the GDP of the country.
Example of writing a recommendation for Masters Students
Topic: The Participation and Treatment of Developing Countries in the Dispute Settlement Mechanism of the World Trade Organisation
1. More support to developing member countries
Developing countries make up about three quarters of the total WTO membership. They play an increasing important role in the WTO.
As such, much importance should be paid to them. It does not suffice to lay down rules of preferential treatment where the rules are not actually manifested.
It is therefore proposed that to enable developed countries to participate effectively in the WTO DSM, the following measures should be taken.
- Financial support
Their current framework geared to provide financial support to developing countries should be given new impetus. In this light, all members should contribute a certain amount to WTO.
This money should be allocated to help developing member countries participate in the DSM in case of a WTO inconsistent measure.
This will go a long way to increase the participation of developing member countries and as such ensure a level-playing field in the dispute settlement system.
- Legal experts/ technical assistance
Given that the hiring of legal experts abroad by developing countries is prohibitive, WTO should create a department of legal department expert.
The experts should be appointed from member states be it developed or developing member.
This department should have as objective: encouraging developing members’ participation in the WTO DSM by providing legal advice in case of a WTO-inconsistent measure and defending the interest of developing countries throughout the dispute settlement proceedings.
With this in place, developing countries are rest assured of active participation given that there will be no need of hiring legal experts.
2. Ensuring compliance with Panel/Appellate Body Reports
In order to ensure compliance with Panel and Appellate Body reports, the DSB should reform the present dispute settlement system. This reform should be reflected in the implementation phase of the Appellate reports. T
his can only be possible by amending the implementation provisions of the DSU. In this light, the time period for implementation should be reduced.
Also, third party settlement such as arbitration in the implementation phase should be discouraged because it prolongs the implementation process. Instead negotiation between the parties should be encouraged so as to give effect to the panel/Apellate Report.
This will help to induce compliance with decisions of the Panel/Appellate Body.
As already discussed, developing countries because of fear do not bring cases against their developed trading partners for fear of economic reprisals.
To remove this fear, the dispute settlement system of the WTO should be reformed in such a way as to encourage developing countries to challenge the developed trading partners without fear.
This can be possible by introducing a provision in the DSU to protect developing countries from economic reprisals by the developed member as a result of the challenge.
The DSB should also take up the responsibility to ensure that powerful members do not retaliate against developing member countries that challenges them. This will go a long way to encourage developing countries to bring complaints against developed member countries.
Alternatively, given that even developing member countries make use of the dispute settlement system, and also taking into account the importance of remedying an inconsistent measure, there should be a campaign to discourage developed member countries from inflicting economic sanctions on developing member countries challenging them.
This will help in ensuring a level playing field between members in the WTO with regards to dispute settlement.
3. Reducing the lengthy dispute settlement procedure
One of the reasons why the DSM of the WTO has been considered as the best dispute settlement system is that it provides for time periods for litigation. However the time period does not favour developing members as has been pointed out in the work.
It is therefore proposed that, to remedy this situation, there should be a re-adjustment of the time periods for proceedings in the DSM to take into consideration the condition of developing member countries especially the least-developing countries that cannot afford the cost of the lengthy proceedings in dispute settlement system.
This can be possible by modifying the provisions of the DSU that has to do with the time period for consultations, Panel, Appellate Body and implementation procedures.