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Dissertations / Theses on the topic 'General Agreement on Trade in Services (Organization)'

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Published: 4 June 2021
Last updated: 23 February 2023

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1

Kerretts-Makau, Monica J. J. School of Social Science &amp Policy UNSW. "At a crossroad: the GATS telecom framework and neo-patrimonial states: the politics of telecom reform in Kenya." Awarded by:University of New South Wales. School of Social Science and Policy, 2006. http://handle.unsw.edu.au/1959.4/25742.

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The liberalisation of domestic telecommunication (telecom) markets has become a worldwide trend. As a result, the General Agreement on Trade in Services (GATS), evolving from deliberations within the World Trade Organisation (WTO), has been heralded as the mechanism with which to effect telecom liberalisation domestically. For countries in Africa, the GATS instruments have been translated as a means to establish the principles required for an effective telecom industry supported by key institutions in policy, regulation and implementation. However, the analysis of relevant literature on telecom in Africa has tended to focus on technological developments based on current observable outcomes. This methodology is inadequate because it fails to account for the context-specific nature of the policy arena and framework shaping telecom outcomes. I argue that we must consider telecom outcomes by understanding the nature of political institutions domestically and their interaction with the international arena. To explicate this intersection of ideas, I draw on two seemingly independent theories, Neopatrimonialism and New Institutional Economics (NIE) with reference to the works of van de Walle (2001) and North (1990) respectively, to shed light on the nature of the Kenyan political context and the value of the GATS as an instrument that facilitates credibility and reduces opportunistic ex-post behaviour. It is contended in this study, that for the Kenyan Government, the value of the GATS accession lies in the legitimising role that it facilitates in accessing funds from the international community. This study thus highlights the inevitable tension that arises when domestic policy-reform goals are juxtaposed with international trade obligations undertaken through treaty accession and informed by a liberalisation agenda. A qualitative approach was used to collect the data and involved interviews and documentary analysis. The findings suggest that Kenya is partially in compliance with its GATS telecom commitments. However, this partial reform results from patrimonial tendencies in Kenya and is exacerbated by the need to attract hard currency through aid packages that dictate the nature of the policy process and the relationship between Kenya and the international community. In conclusion, even with policy reforms, state agents always find ways to maintain or create clientelist practises. Unless such reform is accompanied by political changes that provide checks and balances on institutions and state agents, reform policies on their own will not create an effective telecom sector. To truly evaluate telecom reform therefore, we must appreciate the context-specific nature of policy making.
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2

Masuku, Gabriel Mthokozisi Sifiso. "Harmonization of SACU Trade Policies in the Tourism & Hospitality Service Sectors." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1740_1280359750.

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The general objective of the proposed research is to do a needs analysis for the tourism and hospitality industries of South Africa, Botswana, Namibia, Lesotho and Swaziland. This will be followed by an alignment of these industries with the provisions of the General Agreement of Trade in Services, commonly known as GATS, so that a Tourism and Hospitality Services Charter may be moulded that may be used uniformly throughout SACU. The specific objectives of the research are: To analyze impact assessment reports and studies conducted on the Tourism and Hospitality Industries for all five SACU member states with the aim of harmonizing standards, costs and border procedures. To ecognize SACU member states&rsquo
schedule of GATS Commitments, especially in the service sectors being investigated, by improving market access, and to recommend minimal infrastructural development levels to be attained for such sectors&rsquo
support. To make recommendations to harness the challenges faced by the said industries into a working document. To calibrate a uniformity of trade standards in these sectors that shall be used by the SACU membership. To ensure that the template is flexible enough for SACU to easily adopt and use in ongoing bilateral negotiations, for example.

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Wiebel, Eva. "Probleme einer multilateralen Liberalisierung des Luftverkehrs im Rahmen der GATS (WTO) /." Hamburg ; Münster : Lit, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015435415&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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4

Liang, Ping Barth James R. "What determines the foreign ownership share of a country's banking assets?" Auburn, Ala, 2008. http://repo.lib.auburn.edu/EtdRoot/2008/FALL/Economics/Thesis/Liang_Ping_47.pdf.

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5

Mubiru, Edna Katushabe. "Liberalisation of trade in services :enhancing the temporary movement of natural persons (mode 4), a least developed countries' perspective." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6826_1297424432.

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The purpose of this research is to examine the impact of liberalisation of trade in services on African LDCs by highlighting the importance of services trade through Mode 4 (temporary movement of natural persons).37 The paper will examine the nature of liberalisation to this Mode under the existing GATS framework, critically analyse the constraints on engaging in negotiations, specifically the national barriers that are hindering this movement, and make suggestions on ways of improving the nature of commitments on movement of natural persons in terms of Mode 4 to favour LDCs as laid down in Article VI of the GATS.

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6

Hu, Qiong Min. "Liberalization of banking service under GATS in China : an examination of the scope of obligation of China and the challenges relating to their domestic implementation." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2139824.

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7

Grant, Lisa L. P. "The impact of the General Agreement on Trade in Services on Jamaica /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80924.

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This paper examines the impact of the General Agreement on Trade in Services (GATS), an agreement under the World Trade Organization (WTO) on Jamaica. In its analysis, it considers both the island's existing and former foreign trade policy, as well as the progressive trade liberalization being undertaken within the Caribbean Single Market and Economy under CARICOM and its regionally devised policy initiatives.
Having followed a fairly liberal path in its trade relations since 1991, the provisions in domestic law which accommodate or hinder liberalization are referred to. Negotiation strategies for future rounds of the GATS are another important aspect of the thesis. This closely follows the schedule of commitments made under the GATS, taking into account recent instances of autonomous liberalization, including those taken in the telecommunications industry. Finally, a critical look is taken at the dispute resolution process of the WTO to determine the extent to which the trading interests of a developing microstate such as Jamaica are protected by this system.
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8

Nischalke, Tobias Ingo. "Theories of international cooperation and the GATT/WTO regime: beyond the dichotomy of rational and cognitive approaches." Thesis, Rhodes University, 1997. http://hdl.handle.net/10962/d1003027.

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This thesis aspires to assess the explanatory value of different theories of international cooperation for the case of the world trade regime of GATT/WTO and subsequently strives to reach a satisfactory interpretation of the instance of cooperation. The world trade regime embarked on a process of transformation with the signing of the Marrakech Agreements of 15th April 1994. The event marked the conclusion of the Uruguay Round and, with the establishment of the WTO, the beginning of a new era for the world trade regime. The thesis endeavours to establish the substance of the regime change from GATT to the WTO. It outlines the most significant provisions of the agreement of the Uruguay Round and, subsequently, analyses the change on the level of regime norms underlying the world trade regime. The analysis of regime norms yields insights about the essence of the regime transformation and as to what factors proved to be conducive to cooperation in the sphere of the world trade. The GATT/WTO regime with its extended scope and more sophisticated institutional structures can be regarded as a prime example of successful cooperation. However, the prospects for cooperation between states in an anarchic environment without central authority for enforcement are the subject of a remarkably intense scholarly debate. Therefore it is worthwhile to examine which theoretical framework proves to be most adept at elucidating the circumstances of this instance of cooperation. This thesis applies different theories of international cooperation to the case of the GATT/WTO regime. While a large array of rational theories attempts to explain cooperation from a perspective which focuses on interests and capabilities, a different strand of theories, that of cognitive approaches, emphasizes the paramountcy of ideas and beliefs as variables which explain cooperation. They endogenize the process of interest formation. This thesis seeks to synthesise the strong points of rational and cognitive approaches and thus to reconcile the divergent schools of thought. Its further purpose is to set out factors which are conducive to cooperation.
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9

Xia, Yao Yuan. "Reconciliation of non-market economies : GATT trade rules." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28870.

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Due to the abortion of the proposed Havana Charter and non-participation of the USSR and other State trading economies in the Charter negotiations, GATT has been acting as a traders' club - a club mainly beneficial to western •market economies. Its rules are formulated almost exclusively in favor of free trade on a comparative advantage and private enterprise basis. There is virtually no place for NMEs to have effective access. As one of the pivots of post-World-War-II multilateralism, GATT assumes a major role in compromising, integrating, regulating and supervising diversified member nations' trade laws and policies. Its legal framework, however, is inadequate to deal with the integration of NME. This is because GATT is framed essentially along the line of market ideology and minimal government intervention. NMEs, on the other hand, discard market ideology and adopt wholesale government intervention and central planning as a basic form of economy. While trading practice in NMEs is basically incompatible with the GATT-promoted free trade rules, accommodations were made to facilitate NMEs' request for membership. Consequently, Poland, Romania, Hungary and Yugoslavia became GATT members respectively during the 1960s and 70s. At that time East European countries maintained command state trading thus were unable to be fully integrated into the GATT-based international trade order. During negotiations on terms of NMEs' accession to GATT, GATT countries adopted an import commitments approach to solve the central and much debated issue of market access to NME countries. Despite its merits, the approach has been criticized notwithstanding the fact that no alternative has been suggested. Accordingly, the primary objective of the thesis is to rethink the existing approaches to NMEs in order to explore new ways of effectively integrating NMEs into the GATT legal framework. By approaching the thesis problem carefully, the writer arrives at the conclusion that although GATT would need new assumptions with a view to regaining a new consensus of broader international representation and participation, a considerable and substantial decentralization in the NME is unavoidable in order to adapt themselves into the GATT framework. In the meantime, it is stressed that all GATT countries should continue to facilitate NMEs' access to the GATT forum in the hope that NMEs being potential world traders would increase world prosperity and understanding by broader participation. World prosperity, needless to say, is the best guarantee of world peace and security.
Law, Peter A. Allard School of
Graduate
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10

Ngwana, Terfot Augustine. "Internationalisation in United Kingdom higher education : impact of the General Agreement on Trade in Services." Thesis, University of Lincoln, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.442494.

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11

Makki, Fadi A. "Financial services in the World Trade Organisation (WTO) and the General Agreement on Trade in Services (GATS) : development towards the rule of law." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245225.

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12

Mathis, James Haley. "Regional trade agreements in the GATT/WTO GATT article XXIV and the internal trade requirement /." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2001. http://dare.uva.nl/document/60558.

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13

Paradza, Taapano. "The General Agreement on Trade in Services (GATS) and energy services liberalisation in the Southern African Development Community (SADC): issues and prospects." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8062_1367481197.

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Increasing energy needs globally have recently led to an interest in effectively bringing energy services in the trading system. Energy services were part of the Uruguay Round of negotiations, whose main achievement was the General Agreement on Trade in Services (GATS). The objective of the GATS is to achieve progressive liberalisation and reduction or elimination of trade barriers of all services sectors, including energy services. The GATS has made commendable progress in liberalising many service sectors, however it has not made meaningful progress with energy services. Furthermore though the SADC region engages in energy services trade through bilateral and regional agreements, a variety of 
barriers inhibit major successes from being achieved. Effective energy services trade and liberalisation has therefore proved problematic both at the multilateral, regional and bilateral level. This study, seeks to investigate why energy services liberalisation and trade at the multilateral, regional and bilateral level is problematic, with a particular focus on 
the SADC region.

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14

Sherman, Richard Scott. "Managing political exchange : multilateralism in global trade policy /." Thesis, Connect to this title online; UW restricted, 1996. http://hdl.handle.net/1773/10737.

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15

Jacobs, Abdul Karriem. "The emergence of trade in services as an emerging, international trading commodity from a South African perspective." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The reason for highlighting the difference between GATT and GATS is to focus on the impact of these agreements on the developing countries and in particular the latter will be the main focus of this paper. The economies and governments of the developing states are struggling to generate sustainable capitol growth and maintain financial stability to enhance economic growth. This is due to dictators who rule in such a manner to maintain power irrespective of the future economic viability of their state. Thus the environment for sustainable economic growth is wrath with political instability, lack of proper financial control and eagerness to attract foreign investment and allowing market access to developed states.
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16

Ifubwa, Afulabula. "The implementation of trade in services liberalisation : challenges to enhancing the movement of natural persons across borders (Mode IV) and the recognition of foreign qualifications in South Africa." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5156.

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17

Poonyth, Daneswar. "A structural econometric model of the European sugar sector and the potential implications of the GATT/WTO /." free to MU campus, to others for purchase, 1998. http://wwwlib.umi.com/cr/mo/fullcit?p9924914.

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18

Messenger, Laura C. "World trade and higher education the United States' experience with development of trade policy in higher education under the general agreement on trade in services /." College Park, Md. : University of Maryland, 2007. http://hdl.handle.net/1903/6824.

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Thesis (Ph. D.) -- University of Maryland, College Park, 2007.
Thesis research directed by: Education Policy, and Leadership. Title from t.p. of PDF. Includes bibliographical references. Published by UMI Dissertation Services, Ann Arbor, Mich. Also available in paper.
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19

Pelc, Krzysztof J. "The cost of wiggle-room on the use of flexibility in international trade agreements /." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/463166578/viewonline.

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20

Bidie, Simphiwe Sincere. "The obligation of non-discrimination under the General Agreement on Trade in Services (GATS) and the agreement on Trade-related aspects of Intellectual Property Rights (TRIPS): a developmental perspective." Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/338.

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The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.
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Haddock, Janet Elaine. "Environment-related decision making : an examination of the GATT/WTO process /." Thesis, Hong Kong : University of Hong Kong, 1998. http://sunzi.lib.hku.hk/hkuto/record.jsp?B20272029.

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22

Eckert, Martin Georges. "Die Liberalisierung internationaler Finanzdienstleistungen durch das General Agreement on Trade in Services (GATS) : unter besonderer Berücksichtigung internationaler Bankdienstleistungen /." Hamburg : Lit, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/278824676.pdf.

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23

Oyetayo, Yeside Abiodun. "Insurance regulation in the General Agreement on Trade in Services : a model for liberalisation and development in Nigeria." Thesis, University of Leicester, 2012. http://hdl.handle.net/2381/27774.

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This thesis argues that the potential for the development of the Nigerian economy could be enhanced through reforms and unilateral liberalisation of the insurance market using the WTO/GATS model before further locked in commitments. The argument is premised on the analyses of the socio-economic functions of insurance in providing financial stability and welfare for the society and the developmental opportunities within the liberalisation framework of the WTO/GATS as opposed to other alternatives such as regional or bilateral integration. First, the framework serves as a regulatory model on which reforms could be based for efficiency, competitiveness, development and growth. Secondly, it provides a multilateral trading platform guided by trade enhancing rules and principles of the WTO, combined with GATS bottom up approach, progressive liberalisation and technical assistance to developing countries for greater participation in negotiations. Using the doctrinal analysis and the social science survey technique, this study demonstrates that the legislative and supervisory framework of the Nigerian insurance industry is currently inadequate to provide the growth functions. The problems include structural challenges such as low capacity due to small size of firms, obsolete products and unproductive business processes, unethical practices and a supervisory agency lacking adequate resources, powers, and independence. Others are the restrictive trade practices hindering foreign participation coupled with low insurance awareness and penetration. The thesis recommends reforms using the GATS model aimed at streamlining the laws particularly with regards to foreign insurers’ participation and the adoption of a bi-polar system of supervision to meet the current capacity inadequacies of NAICOM. The adoption of risk based regimes and principled based regulation is also recommended before further locked in commitments which would enhance growth and development.
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Yazdani, Shahid. "Emergency safeguard : WTO and the feasibility of emergency safeguard measures under the general agreement on trade in services." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/573/.

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The General Agreement on Trade in Services (GATS) along with other agreements was concluded in the Uruguay Round of Multilateral Trade Negotiations in 1994. However, negotiations continued within the WTO framework and are still a work in progress on some specific issues under the GATS including the question of Emergency Safeguard Measures, which has been raised in Article X of the GATS as part of its ‘built-in agenda’. The thesis looks at the concept of the Emergency Safeguards Measures (ESMs) in the GATT/WTO and tries to develop an answer to the ‘question of ESMs’, which is deluding the negotiators and researchers for more than fifteen years. The thesis tries to analyse whether the GATT type ESMs can be transposed to GATS. It also explores that whether ESMs that are modelled on GATT are feasible under GATS, and if feasible, are these really desirable. If these are feasible and desirable then what should be their possible structure remaining within the existing GATT paradigm. The thesis walks through the provisions that already exist in the GATS to meet the circumstances perceived by the countries that are seeking specific ESMs under GATS and whether these provisions address the concerns of the demanders of the concept. The thesis not only takes into account the academic and legal literature on the subject but also and perhaps more practically, takes into account the dynamics of the negotiations, discussions and debates within the WTO system on the subject. The thesis tries to provide an in-depth analysis of the issue and goes beyond what is already available in the International Trade Law literature on the ESMs under the cross border trade in services. It seeks to answer a question that presently exists in the International Trade Law especially with reference to the law emerging out of WTO.
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Bindley, Geoffrey Norman. "China and the GATT : a study of political and economic implications /." Thesis, [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13841051.

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Thesis (M.B.A.)--University of Hong Kong, 1994.
"The implications of state trading, and the costs and benefits of GATT membership; with illustrations from the stell industry." Includes bibliographical references (leaves 61-64).
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Manjoro, Faith Tendayi. "International trade and environmental disputes : an analysis of Article XX of the General Agreement on Tariffs and Trade (1994) and environmental policies of the developing and developed world." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1007444.

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A major problem emanating from the trade/environment conflict is the use of trade measures, such as restrictions and sanctions, as tools for environmental protection. Proponents of free trade argue that the use of these measures is tantamount to abuse of environmental standards for protectionist ends. This is particularly so if the imposition of the standard amounts to a unilateral act which blocks the entry of a specified product into the market of another member state for reasons other than environmental protection. Environmentalists at the same time argue that free trade will lead to environmental degradation and therefore advocate for the use of trade-restrictive measures to safeguard against the destruction of the environment. The GATT has proved problematic when it comes to the resolution of trade/environment conflicts. The GATT aims at trade liberalisation yet most environmental policies are enforced through trade-restrictive devices like quotas and licences. Article XX of the GATT is anomalous: it does not explicitly mention the environment, yet member states rely on it as an environmental protection clause. This thesis discusses the various issues emanating from the trade/environmental debate. The history of Article XX is reviewed and the issues that arise in the adjudication of Articles XX (b) and (g) in a trade/environment context are analysed in light of the decisions by the GATTIWTO dispute settlement bodies. The role played by Multilateral Environmental Agreements (MEAs) in protecting the environment is discussed. However, the relationship between MEAs and the WTO is also scrutinised as these rule-making bodies often come into conflict: firstly, because they serve two differing interests - on the one hand, MEAs allow for the use of trade restrictive measures in environmental agreements and on the other, the WTO calls for unrestricted trade unless exceptional circumstances exist; and secondly, member states that are party to both the WTO and MEAs are often forced to subscribe to international trade rules that are incompatible with those in environmental agreements. The trade/environmental debate is important to both the developed and developing worlds. The developed world is in favour of environmental policies which protect the environment from degradation. On the other hand, the developing world is in desperate need of the benefits of trade liberalisation so as to cater for high unemployment rates and poor economic growth. The question thus arises as to whether, when environmental issues are promoted, developing countries will not suffer at the expense of developed nations which may engage in protectionist measures under the pretext of environmental conservation. The divide between developed and developing countries is illustrated in Chapter 5 through case studies on coal mining in the USA and South Africa. The conclusion reached is that total co-operation is essential between developed and developing states for success in safeguarding the environment from degradation. Accordingly, the trade/environmental debate cannot be isolated from the conflicting approaches in developed and developing countries. The conclusions in the final chapter seek to strike a balance between trade liberalisation and environmental protection. Recommendations are made on how the trade/environmental challenges could be dealt with and the regulation of trade restrictive devices to exclude, or at least limit, protectionism.
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Lang, Andrew Timothy Fergusson. "Rethinking the trade and human rights debate : a case study of the General Agreement on Trade in Services and the human right to water." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.615105.

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Poulet, Julie. "Direct effect of the law of the GATT in the European Union, the United States and the consequences for the WTO." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78227.

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This aim of this thesis will be to first address the issue of the direct applicability of the GATT within the national framework, mainly through the use of an analysis of the considerations that such a denial of the direct effect of the GATT is based upon, to understand if there are real obstacles to its implementation, before examining the harmful effects this of denial. The analysis will focus on the situation in both the European Union and the United States, these two countries being two of the most important trade partners in the WTO, before suggesting various solutions that could be adopted to implement the direct effect of the GATT in order to benefit both individuals and the WTO members.
However, since WTO members are still highly opposed to the recognition of the direct effect of the GATT, the unlikelihood of its implementation, at least in a short term perspective, will lead to an analysis of the situation directly at the WTO level. This will permit us to further conclude, whether it would be possible to find solutions to palliate the problems arising out of the denial of the direct effect of the GATT at a national level. Indeed, in the last part of the analysis undertaken in this work, various ways to remedy the deficit of democracy will be explored, examining alternatively the best vectors that could be used: individuals or NGOs, in order to enhance the legitimacy of the WTO which is principally under attack.
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Young, Allison Marie. "Liberalization and regulation of the movement of service suppliers, comparing the provisions for labour mobility in the General Agreement on Trade Services, the North American Free Trade Agreement, and the European Union." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/NQ66674.pdf.

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30

Greyling, Minette Ilse. "The World Trade Organisation : international trade, dispute settlement & the environment." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53695.

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Thesis (MA)--Stellenbosch University, 2003.
ENGLISH ABSTRACT: The norms governing international trade on the one hand, and sustainable development on the other, have both different origins and objectives. This is the central problem that will be addressed in this research assignment, by analysing the structure, functioning and future of the World Trade Organisation Dispute Settlement Mechanism (DSM). Though there has been a significant shift from politics to legality, the dispute settlement system is still far from perfect. When looking at recent environmental trade disputes, the stress placed on the system is revealed. •• The focus is on the impact of environmental disputes on the nature and functioning of the DSM, and how these disputes have contributed to the development of international trade law, and the concept of sustainable development. These will all contribute to a greater understanding of the interaction of the World Trade Organisation and the multilateral trading system, and the future role the WTO should play on the agenda for sustainable development.
AFRIKAANSE OPSOMMING: Die norme wat enersyds internasionale handel, en andersyds volhoubare ontwikkeling beheer, het uiteenlopende oorspronge en doelstellings. Hierdie is die sentrale probleem wat deur hierdie navorsingsverslag aangespreek word, te wete deur die struktuur, funksionering en toekoms van die Wereldhandelsorganisasie (WHO) Dispute Settlement Mechanism (DSM) te analiseer. Hierdie dispuutskikkingstelsel is nog steeds nie volmaak nie, ten spyte daarvan dat daar reeds 'n betekenisvolle verskuiwing van politiek tot wetlikheid plaasgevind het. As daar na onlangse omgewingshandelsdispute gekyk word, kom die druk wat op die stelsel geplaas word, duidelik na vore. Die fokus word dus met hierdie navorsingsverslag geplaas op die impak wat omgewingsdispute op die aard en funksionering van die DSM het, en hoe die dispute bygedra het tot die ontwikkeling van internasional handelswette asook op die konsep van volhoubare ontwikkeling. Hierdie fokus behoort by te dra tot 'n groter begrip tot die interaksie tussen die Wereldhandelsorganisasie (WHO) en die multilaterale handelstelsels, asook op die toekomstige rol wat die WHO behoort te speel met betrekking tot die agenda vir volhoubare ontwikkeling.
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Gerona, Morales Marcelo Esteban. "El comercio de productos agrícolas en la Organización Mundial del Comercio (OMC)." Quito : Abya-Yala, 2005. http://catalog.hathitrust.org/api/volumes/oclc/65189840.html.

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32

Dube, Memory. "Liberalisation and regulation of trade in the Southern African Development Community (SADC) : a critical analysis of the SADC trade protocol's provisions and its implementation." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1008204.

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The Southern African Development Community (SADC) declared a Free Trade Area on 17 August 2008. The Free Trade Area is the ultimate objective of the Trade Protocol on trade cooperation in SADC, signed in 1996. The Protocol is supported and complemented by the ambitious Regional Indicative Strategic Development Plan (RISDP). The idea behind the SADC Trade Protocol was to counter the developmental challenges facing SADC member states and to improve the productive and trade capacity of SADC countries. The implementation of the SADC Free Trade Area has been guided by the WTO/GATT regulatory framework on regional trade agreements, particularly GATT Article XXIV, the Understanding on the Interpretation of GATT Article XXIV, as well as the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling Clause). This research seeks to analyse the SADC Trade Protocol's provisions and the implementation of such provisions. To facilitate an understanding of factors that affect the implementation of the SADC Trade Protocol, SADC's institutional and operational framework is discussed from a legal-historical perspective. The provisions of the Trade Protocol are analysed for compliance with WTO/GA TT rules as well as for applicability within the SADC context. The provisions of the WTO/GA TT regulatory framework on regional trade agreements are also analysed with a view to determining whether they are applicable in developing country situations such as SADC. The Free Trade Area is seen as the first step towards regional economic integration in the region and is to be followed by a Customs Union, a Common Market and then eventually an Economic Community with its own central bank and regional currency. It is envisaged that the region will proceed through all these traditional theoretical phases of economic integration between 2008 and 2018. The implementation of the Trade Protocol has been beset with institutional, administrative and infrastructural challenges which pose obstacles to the attainment of the other stages of economic integration in the time frames prescribed in the RISDP. These challenges are assessed for impact on the regional economic integration of SADC by evaluating the progress towards implementing the Trade Protocol provisions and the implementation of measures taken towards the launch of the Free Trade Area. Emerging issues are also identified and analysed for their effect on the Free Trade Area and the general economic agenda of SADC. Of particular note is the Economic Partnership Agreements (EPAs) being negotiated with the European Union where SADC countries are negotiating in four different configurations. An analysis of this EPA situation reveals that it compounds a pre-existing problem: that of overlapping membership of regional trade agreements. Prior to the EPAs and the intensified drive towards the creation of the Customs Union, there was largely no need to rationalise the overlap in regional trade agreement memberships, but it is now a matter of urgency. The overlap in membership has complicated EPA negotiations and places serious doubts on the prospects of complete regional integration in SADC.This research concludes with observations on South Africa's complicated relationship with her SADC neighbours. South Africa's trade policies, as regards both the SADC region and the world, are discussed. Because of its political and economic dominance, South Africa's policies have a ripple effect on the rest of SADC; hence the need for South Africa to be vigilant in formulating and implementing its trade policies.
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Mukora, Noreen C. "South Africa's Bank licencing prequirements in light of its banking sector liberalisation commitments under the general agreement on trade in services : a legal perspective." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/43669.

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34

Zhao, Jing. "The potential impact of the General Agreement on Trade in Services on the market access of foreign banks into China, a Chinese perspective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq36094.pdf.

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Lunani, Sadat Mulongo. "Understanding regionalisation and preferential relations in world trade law and policy: a perspective from the East African Community (EAC)." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6793_1363787835.

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The rapid growth in the number of regional trade agreements (RTAs) has led to concern about the weakening of the multilateral trading system. This thesis examines the spread of such agreement and the extent to which they pose a threat to the multilateral system. Regionalism and multilateralism are complimentary as shown in the case study of the East African Community. The current regional trade agreement management rules are weak and ambiguous and possible amendments for these rules are proposed

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36

Grimett, Leticia Anthea. "An analysis of selected World Trade Organisation agreements to determine whether they discriminate unfairly against developing economices." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1008368.

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The focus of this thesis is the question whether or not the WTO discriminates unfairly against developing economies. In the absence of a test of guidelines for detennining unfairness or fairness of WTO provisions or Agreements has been drawn up using welfare economic and constitutional law principles as a foundation. Unfairness is therefore determined by asking whether the provisions of each Agreement are rational, proportional, efficient and whether they prevent the abuse of power amongst states. In addition, the economic effects of the provisions of the selected Agreements have been analysed to determine whether the relevant provisions are welfare enhancing and conclusive to promoting growth and development within developing economies. The Agreements chosed for analysis are the Agreements on Trade-related Investment Measures (TRIMS), Trade-related Intellectual Property (TRIPS), Agriculture and Services (GATS). The dispute settlement and negotiating process, labour standards and the impact of decreasing most-favoured nation rates on developing economy competitiveness is also discussed. Application of the test has shown that the WTO provisions do not reflect the interests of all members. Even though most member states are developing economies, the3 Agreements constantly cater foe developed country concerns and interests. Where provision is made for developing country interests, it is the LDC's who are favoured, with nonnal developing economies being bound by the same provisions as the developed economies. A fonnal, as opposed to a substantive, defmition has been adopted by the WTO, with a result that the process of equality is placed above the outcomes. While concessions have been made to development, members have not gone for enough. A main reason for the imbalance can be attributed to the negotiating process, which is based upon concessionary bargaining and trade-off. Those states with greater economic power are therefore at an advantage as they have the leverage needed to influence the outcomes of negotiations and hence the provisions of the various Agreements. Even with the LDC's, the WTO has been found to discriminate unfairly against developing economies because it does not adequately address developing country concerns.
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Williams, Brett Gerard. "The importance of disciplining the choice of policy instrument to the effectiveness of the GATT as international law disciplining agricultural trade policies /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phw72122.pdf.

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Gerken, Anika. "Rechtsschutzmöglichkeiten europäischer Wirtschaftsteilnehmer gegen GATT-widrige Wirtschaftshemmnisse /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/380098806.pdf.

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39

Mulenga, Chipasha. "Trade distorting provisions under the multilateral agreement on agriculture : addressing the question of Africa’s limited participation in agricultural trade." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/30055.

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40

Dube, Memory. "The WTO Non-Agricultural Market Access (NAMA) negotiations and developing countries: In pursuit of the ‘development agenda’." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/28451.

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The Non-Agricultural Market Access Negotiations (NAMA) are being undertaken as part of the Doha Round of negotiations. NAMA negotiations are aimed at the trade liberalisation of industrial goods. Pursuant to the ‘development agenda’ adopted for the Doha Round, the NAMA negotiations also emphasise the development component. Particular emphasis is be made on tariff reductions in products of export interest to developing countries and the negotiations are to take special account of the needs and interests of developing countries, including through less than full reciprocity in accordance with the General Agreement on Tariffs and Trade (GATT) provisions on special and differential treatment (SDT). This research attempts to determine this ‘development agenda’ through the prism of special and differential treatment as provided for in the NAMA mandate. An analysis of the SDT provisions in the World Trade Organisation (WTO) and their application within the multilateral trading system reveals that SDT is a very controversial concept. Developing countries have used SDT to escape the strictures of multilateral trading rules and developed countries have used it as a ‘carrot and stick’ tool, to gain concessions from developing countries in other areas. SDT has further been revealed as a concept whose meaning and content is not very precise. While the provisions in the GATT as well as the Enabling Clause make good political and economic sense, they are not really actionable. This is because the concept is characterised by best-endeavour provisions that lack any legal force and cannot be adjudicated in the WTO Dispute Settlement Body. Developed countries have thus not been called and cannot be called, legally, to account for lack of delivery on their commitments and obligations with regard to SDT. This has effectively constrained the use of SDT as a development tool within the WTO, and, being the only tool being utilised, there needs to be found an alternative way to address development needs in the WTO. The WTO has sought to address this through efforts to amend SDT to make it more precise, effective and operational. The content and meaning of the ‘development agenda’ itself in the Doha Round is very elusive and an effort is made in this paper to determine the appropriate meaning of development in relation to the multilateral trading system. Development as an objective in the WTO is not novel to the Doha Round. The WTO is littered with references to development and the betterment of the human condition in its preamble to agreements and other provisions. Development has to be considered in al its three dimensions: social, political and economical. While this paper does not advocate that the WTO become a fully fledged development institution, it can shape its development agenda in such a way that benefits on the economic front are designed to stimulate socio-economic development as well. An analysis of the NAMA modalities reveals that mercantilist objectives have triumphed in the negotiations and SDT has been lost by the wayside. Developed countries have sought for radical tariff reductions on the part of developing countries, with meagre flexibilities that are further constrained by requirements that no full sector be excluded from the formula cuts. SDT has not been considered and the commitments are not proportional to the development capacity of most developing countries. This is in direct contradiction to the SDT provisions in the GATT that are supposed to guide the negotiations as well as the provision on tariff negotiations. However, the modalities are not legally contestable because the SDT provisions do not hold any legal suasion. The NAMA negotiations reveal a development vacuity within the WTO that needs to be resolved by other means other than the traditional SDT. Taking into consideration the evolving power bases and the politics of the membership of the WTO, this is an imperative. This paper proposes that Aid for Trade is the best option available to the WTO system. The concept does find support in GATT/WTO provisions on SDT and can be modified to be more predictable and sustainable.
Dissertation (LLM)--University of Pretoria, 2010.
Centre for Human Rights
unrestricted
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Páez, Laura. "Liberalizing financial services and foreign direct investment in the WTO, assessing the effect of the General agreement on trade in services (GATS) on foreign bank presence in the OECD region /." Zürich, 2007. http://opac.nebis.ch/cgi-bin/showAbstract.pl?sys=000259592.

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42

Dach, Toni M. "The World Trade Organization's Dispute Settlement Body and international economic relations in the 21st century." Ohio : Ohio University, 2007. http://www.ohiolink.edu/etd/view.cgi?ohiou1187704455.

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43

Grimett, Leticia Anthea. "Protectionism and compliance with the GATT article XXIV in selected regional trade arrangements." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003188.

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The General Agreement on Tariffs and Trade (GATT) 1994 has resulted in the GATT Contracting States making a renewed commitment to freer global trade and trade liberalisation. These Contracting States signalled their commitment to GATT policies and principles by undertaking to abolish all those non-tariff barriers which were not converted to tariffs and to decrease all tariffs applied by their domestic economies. The movement away from protectionism is intended to bring contracting states in line with the GATT most-favoured-nation and national treatment principles. The only exceptions to these principles are the regional trade arrangements which can be implemented in accordance with Article XXIV of GATT 1947 and the Understanding on the Implementation of Article XXIV of GATT 1947. Regional trade arrangements such as customs unions and free-trade areas have been allowed by the GATT as they are deemed to promote trade liberalisation through the removal of substantially all trade restrictions between countries party to these trade arrangements. In practice this has not been the case, however, as these regional trade arrangements have been known to apply very protectionist trade policies. This research determines whether regional trade arrangements are inherently protective ie does the nature of these regional trade arrangements encourage protectionism? The external trade policies of the European Union (EU), Association of Southeast Asian Nations (ASEAN), Southern African Development Community (SADC) and the Southern African Customs Union (SACU) are analysed to determine whether the contracting parties to regional trade arrangements have corrupted the GATT provisions and so contributed towards the protectionist nature of these regional trade arrangements. The internal trade provisions relating to the implementation of these regional trade arrangements have also been discussed to determine their compliance with Article XXIV of GATT 1947. As all the selected regional trade arrangements have direct or indirect links to South Africa, the implications of the policies chosen by these parties for South Africa have also been discussed. Analysis of the EU, SADC, SACU and ASEAN has shown that prior to the adoption of the GATT 1994, the free-trade areas and customs unions were not implemented in accordance with Article XXIV provisions. These regional trade arrangements have been moulded to fit the economic aspirations of the relevant contracting states. Of the regional trade arrangements accepted by the GATT, free-trade areas have been found to be the least protectionist and are the least likely to be perverted by contracting parties. Customs unions, on the other hand, may encourage contracting parties to protect their economies as they rely on group participation rather than individual participation. Individual Member States become responsible to the group which provides these states with greater economic power. As a result Member States are motivated to protect the new group entity from outside competition. In this way, they are inherently protective. Safeguards are therefore necessary to protect individual non-Member States from such behaviour. The implications of protectionism for South Africa, SADC and SACU have also been discussed.
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44

Men, Jing 1971. "Is it a castle in the air? : assessing the Sino-US WTO agreement : from the perspective of telecommunications and banking liberalization." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33363.

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China, a nation inhabited by one fifth of the world's population and often referred to as "the sleeping giant", is undergoing significant transition. China, subject to domestic changes in its quest for a new balance between traditions, socialist notions and market economy, defines its new role in a changing world that drives towards the globalization of trade in goods and services faces.
This study examines the Chinese position regarding two aspects significant for both China's domestic process of transition and China's international role: telecommunications and banking services. The first chapter examines the general international framework of the GATS with respect to telecommunications and financial services. This includes, inter alia, a study of the legal framework, comprising in particular the WTO Financial Services Agreement and the Basic Telecommunications Agreement. Chapter Two provides an overview of the Chinese telecommunications and banking sectors. This Chapter focuses on the historical and cultural background influencing the process of domestic deregulation and internationalization of these sectors. Chapter Three features an assessment of the Sino-US WTO Agreement on the telecommunications and banking sectors. In the course of this study, a number of concerns and probable consequences can be identified for both sectors examined.
Will "the sleeping giant" move on towards complete market liberalization, or is that prospect merely a castle in the air? This study explores how the China's legal framework governing these two key sectors might unfold.
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Alavi, Amin M. "Studying legalization : special and differential treatments of developing countries in the WTO /." København, 2007. http://www.gbv.de/dms/zbw/557355508.pdf.

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46

Ray, Elizabeth Thompson. "The Effects of Trade Liberalization Policies on Human Development in Selected Least Developed Countries." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5440/.

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This dissertation examines the effects of trade liberalization policies (represented by membership in the General Agreement on Tariffs and Trade/World Trade Organization on selected Least Developed Countries' (LDCs) human development (represented by the Human Development Index). In this dissertation, General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO) policies are theorized to have two distinct types of effects: their direct effect and their indirect effect. Two questions are focused on: first, what is the effect (total, direct and indirect) of WTO policies on human development for selected LDCs? Second, what is the effect (total, direct and indirect) of WTO policies on human development for selected developing/developed countries (i.e. non-LDCs) holding economic development constant? Using the dependency theory of development as a theoretical basis, this dissertation examines the assumptions of modernization-theory-based policies as expressed in trade liberalization policies (i.e. the implementation of comparative advantage and now market fundamentalism) with world-system analysis techniques. To examine these questions, four panel regression models are constructed to measure the total, direct and indirect effects of WTO policies during the near-term (1998-2003) and during a longer historical term (1975-2000). The data for the analyses are taken from seven different sources of international data. The analyses seemingly demonstrate that there are quantifiable negative effects of GATT/WTO membership (trade liberalization policies) on human development in selected LDCs. The current implementation of trade liberalization policies does not benefit the well-being of all concerned as promoted by the WTO.
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Ikoum, Francoise Ongmalik. "Interaction between international free trade and environmental protection: the continued search for balance." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7279_1256219850.

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There is an existing conflict between trade and environmental policies. There are different opinions and attitudes in the relation between free trade and environmental protection. Free trade regards environmental factors as part of the comparative advantages that one country may have over another. However, many environmentalists are critical about trade liberalization. The scope of this paper was limited to the interaction between international free trade and the environmental protection. The main objectives of this study was to examine the interaction between trade(free trade) and environment and to analyse the areas of conflict between free trade under the World Trade Organization and environmental protection.

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Remmert, Stefan. "Wirtschaftssanktionen zum Schutz der Menschenrechte : zur Frage ihrer Vereinbarkeit mit dem Allgemeinen Zoll- und Handelsabkommen (GATT) /." Frankfurt am Main [u. a.] : Lang, 2008. http://www.gbv.de/dms/zbw/548683557.pdf.

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Vogel, Markus G. "Die Liberalisierung des Handels mit audiovisuellen Dienstleistungen : im Recht der Welthandelsorganisation (WTO) - unter besonderer Berücksichtigung der Millenniumrunde /." Hamburg : Kovač, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/385127952.pdf.

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Preto, Carolina Cristina Loução. "Criador e criatura : os Estados Unidos e a Organização Mundial do Comércio (OMC) /." Campinas : [s.n.], 2011. http://hdl.handle.net/11449/98114.

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O Programa de Pós-Graduação em Relações Internacionais é instituído em parceria com a Unesp/Unicamp/PUC-SP, em projeto subsidiado pela CAPES, intitulado "Programa San Tiago Dantas"
Orientador: Sebastião Carlos Velasco e Cruz
Banca: Rafael Antônio Duarte Villa
Banca: Flávia de Campos Mello
Resumo: Este trabalho tem como objetivo central examinar e problematizar a reflexão sobre o relacionamento entre a Organização Mundial do Comércio e, seu principal arquiteto, os Estados Unidos, à luz de diferentes teorias das Relações Internacionais e de considerações em torno do debate doméstico sobre a OMC nesse país. Observamos a relação entre os EUA e a OMC tanto no que concerne o plano das negociações comerciais multilaterais, como também, no que se refere à dimensão do Órgão de Solução de Controvérsias, tentando estabelecer paralelos com as dificuldades de negociação no âmbito da Rodada Doha. Historicamente, os EUA dominaram os resultados das negociações comerciais multilaterais, prevalecendo na determinação do conteúdo das regras da OMC, assim como, na definição de suas principais características: uma ampla cobertura temática e a presença de um mecanismo judicial que está entre as formas mais avançadas de direito internacional da atualidade. Contudo, estudos indicam que, no plano das negociações comerciais, devido a alterações na economia mundial, a tradicional influência norte-americana foi sendo reduzida ao longo do tempo, apresentando implicações importantes para o processo de produção de regras da organização. Além disso, autores sugerem que a reforma do OSC melhorou o posicionamento das partes demandantes das disputas, mesmo quando essas partes estavam iniciando casos contra os EUA, restringindo assim a capacidade desse Estado de determinar os resultados das disputas e de descumprir seus compromissos internacionais no campo do comércio. Os interesses norte-americanos estão largamente refletidos na OMC e, embora esse seja o traço mais forte a definir o relacionamento entre os EUA e essa instituição, ele não é o único. A interação entre a OMC e os interesses dos EUA parece mais complexa do que alguns teóricos das relações internacionais argumentaram
Abstract: The main purpose of this work is to examine and discuss the reflection on the relationship between the World Trade Organization and, its principal architect, the United States, in light of different theories of International Relations and of considerations over the domestic debate on the WTO in this country. We observed the relationship between the U.S. and the WTO both in respect to the multilateral trade negotiations and with regard to the Dispute Settlement Body, trying to draw parallels with the current difficulties in negotiating the Doha Round. Historically, the U.S. has dominated the results of multilateral trade negotiations, prevailed in the determination of the rules of the WTO and, consequently, in the definition of its main features: a broad coverage and the presence of a judicial mechanism that is among the most advanced forms of international law today. Nevertheless, concerning the multilateral trade negotiations, studies point out that, due to changes in the global economy, U.S.'s influence in this area has been reduced over time, with significant implications for the rule-making process of the organization. Besides that, some authors argue that the reform of the DSB has improved the positioning of plaintiffs in disputes, even when they were starting cases against the U.S. and thus restricted U.S.'s ability to determine the outcome of disputes and disregard its international commitments in the field of trade. U.S.'s interests are largely reflected in the WTO and, although this is the strongest characteristic applied in order to describe the relationship between the U.S. and this institution, this is not the only one. The interaction between the WTO and the U.S's interests may actually be more complex than some International Relations scholars have argued
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