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Dissertations / Theses on the topic 'International trade law'
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1
Alexander, Tamra A. "The Canadian International Trade Tribunal : Canada's emerging trade jurisprudence." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27442.
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Established in 1988, the Canadian International Trade Tribunal (the "CITT") replaced the Tariff Board, the Canadian Import Tribunal and the Textile and Clothing Board. Tasked with the responsibilities of advising the government on various trade related matters, conducting injury inquiries and reviewing certain decisions of the customs department, the CITT is an important source of Canadian trade policy and jurisprudence. This paper focuses on the role the CITT has played in the development of Canadian trade jurisprudence, with particular emphasis on the CITT's material injury inquiries and its appellate review of Canada Customs' classification and valuation determinations. Placing these decisions against the background of Canada's international trade commitments, the author gives a mixed review of the CITT's performance to date. That said, the author notes that a significant proportion of the CITT's failures in this area is more accurately attributable to the statutory limitations to its jurisdiction due to the incomplete manner in which Parliament has implemented Canada's international trade commitments into domestic law.
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Zhang, Xin. "International trade regulation in China : law and policy /." Oxford [u.a.] : Hart Publ, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/513053670.pdf.
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Liu, Guojin. "Finance leasing in international trade." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/741/.
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The thesis is on “Finance Leasing in International trade”. It considers the question “How well does English law recognise and encourage the use of finance leasing in equipment trade?” The discussion shows that, on the one hand, English law has recognised the financing nature of finance leasing. It sees the lessor in a finance leasing arrangement merely as a financier, who steps into a sale of equipment which might otherwise take place between the supplier and the lessee. In addition, English law recognises that there are two agreements between the parties: a sale between the supplier and the lessor and a finance lease between the lessor and the lessee. Although English law does not view the transaction as a triangular relationship, it entitles the lessee to a cause of action against the supplier in various circumstances. It also allows the lessor to exclude from liability for the quality of the asset and to secure his commercial interests in the transaction by retaining ownership of the asset. On the other hand, however, English law fails to provide solutions to some problems arising from the financing nature of the transaction. For example, it is difficult for the lessor to be completely free of responsibility for the condition of the asset, which is imposed by the Supply of Goods and Services Act 1982. His obligation to ensure the lessee’s quiet enjoyment of the lessee is also obscure. In addition, the lessee does not have a proprietary right over the asset at law and this has led to distortion of some of the legal principles regarding ownership and property. The discussion leads to the conclusion that the law pertaining to finance leasing is on the whole satisfactory to facilitate equipment trade but reform is called for in some areas. The following suggestions are proposed to improve the use of finance leasing in the trade of equipment, both domestically and internationally. Firstly, the law should define finance leasing by providing explicit pronouncement of its financial nature and the triangular relationship. Secondly, the obligations and rights of the parties should be more specific. For example, the lessor’s responsibility for the lessee’s quiet enjoyment under the 1982 Act should be clarified as follows: “the lessor ensures that he has the right to lease the asset so that the lessee may enjoy exclusive possession of it free from disturbance by a person whose title is paramount to the lessor’s, unless the disturbance stems from actions of the lessor”. But the lessor should be excluded from all the obligations as to the condition of the asset under the Supply of Goods and Service Act 1982. The supplier should be liable to the lessee for the condition of the asset and, at his default, the lessee should be able to resort to a cause of action against him, being a third party to the supply agreement under the Contract (Third Party Rights) Act 1999. In addition, the lessee should be responsible for the payment of the total rentals irrevocably and his right over the asset should be recognised as a legal proprietary right.
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Bello, y. Villarino José-Miguel. "Fighting Corruption Through International Law: Assessing the Effectiveness of Conventional Anticorruption Law and Proposing an International Trade Law Approach." Thesis, The University of Sydney, 2022. https://hdl.handle.net/2123/28462.
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International law is one among many tools to fight corruption. It could be used in many different ways, but—with the exception of some higher standards to be met under development co-operation settings or in order to access integration areas such as the EU—we have largely seen the same response repeated during the last twenty-five years: addressing corruption by promoting the alignment of domestic legislation to certain treaty standards. I call this “conventional anticorruption law” as it is formalised in “conventions”, but also because it lacks creative thinking. Has this worked?
In the first part of the thesis, I present a vision of corruption from an international legal and policy perspective, proposing a new concept for corruption in international law. In the second part, I explore the type of data that can be used to assess the effectiveness of conventional anticorruption law (the World Bank’s Control of Corruption indicator mainly) and test whether there is any aggregate effect derived from the entry into force of anticorruption treaties. Generally, I argue that the picture is more complex than usually expected, but that, in the medium term, the conventions are not being accompanied by less corruption. I discuss several possible shortcomings of conventional anticorruption law compatible with this observation.
Finally, in the third part of the thesis I propose using international trade law to address these possible shortcomings and evaluate the difficulties that this new approach would face. The thesis concludes with a proposal for a model anticorruption chapter for comprehensive trade agreements.
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Khanum, Farjina. "Trade and environment : striking a balance in international law." Thesis, University of Nottingham, 2012. http://eprints.nottingham.ac.uk/14363/.
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This thesis seeks to balance trade and environmental concerns in international law. It studies a number of multilateral environmental and trade agreements to observe the extent to which environmental and trade treaty regimes have made allowances for each other's interests, and whether allowed such interests to be disregarded or overridden in practice. Serious questions remain, however, about the compatibility between overlapping environmental and trade rules in the absence of a clear authority relationship or means of securing unity in the international legal order as a whole. The international legal system does not possess well-developed hierarchies; thus, none of the agreements inherently takes precedence in the event of a conflict. Consequently, the aim should be to achieve a better harmonization of the two regimes through available mechanisms. The multilateral trade agreements have made allowances and included exceptions with regard to the protection of environmental concerns. However, the precise way in which trade institutions balance environmental considerations by comparison with trade considerations is likely to prove critically important for the protection of the environment. It is for this reason that this thesis analyses the current balance between trade and environmental considerations in the international legal order, and proposes ways for improving its coherence.
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Ivanova, Anna Todorova. "Legal personality of artificial intelligence under international law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31586.
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To be able to offer a deeper understanding of the topic this work will first examine the concept of legal personality, its meaning and application in the legal framework of international law over the years. Without claiming advanced technological knowledge in scientific areas like robotics and engineering the paper will then try to present some basic overview over the latest developments concerning Artificial Intelligence, such as quantum computing and emotional intelligence. Consequently some suggestions about possibilities of connecting these two topics will be made. The questions introduced will engage with the nature and different forms of legal personhood, its connection to intelligence, autonomy and/or consciousness. This paper aims to create a more practical and not a general, hypothetical idea of how an AI agent could be granted international legal personality and what could be the possible effects of that (for example rights and obligations). For this purpose it will focus on the recognised subjects of international law and examine on their example an AI agent as a possible future actor in international legal relationships. Subject of reference will be international law and recent developments in EU law, such as the European Parliament initiative to regulate Artificial Intelligence as well as some regulations and “visions” of national legislation, for example Estonia and China. Consequently the dangers of granting legal personhood to AI agents will be presented and discussed. The arguments against the creation of a “technical veil” will be examined closely. The work will then refer to possible advantages and positive aspects of an AI’s legal personhood under international law. In the final chapter a conclusion and some recommendation will be made.
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Hagedorn, Rosa. "Trade and sustainable development : using the World Trade Organization to more effectively protect the environment." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12668.
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Includes bibliographical references.The Brundtland Report also defines sustainable development as “a process of change in which the use of resources, the directions of investments, the orientation of technological developments, and institutional change all enhance the potential to meet human needs both today and tomorrow.” This vague and broad definition relies on the notion that the world’s environment is a system where actions in one country can affect life on other continents. Examples of this include the 2010 Icelandic volcano eruption that affected air quality and travel in Europe, and the recent radiation detected in the United States after the earthquake and subsequent radiation leaks in Japan. The definition also implies that practically every aspect of our lives can have some effect, or can be relevant to, achieving a sustainable development goal. Most forms of production and consumption, key aspects of international trade, affect and can harm the environment. Thus, the issue is less about stopping these actions and more about making them less harmful to the environment and humankind. There will always be tension between forms of economic activity and environmental protection. However, trade is only one of many economic activities, and the WTO cannot be solely responsible for all aspects of the promotion of sustainable development and environmental protection. At its most general definition, international trade is the “economic interaction among different nations involving the exchange of goods and services.” It can lead to both economic growth and development. At its core, international trade involves the basic concept of supply and demand. Human needs and desires drive what will be in demand. This demand drives the need for a supply of that resource. Thus, the real question is what aspects of the current trading system, including the WTO, can be enhanced or changed to promote sustainable development. This paper aims to examine the relationship between the WTO and sustainable development. It further seeks to evaluate the ways in which the relationship has been successful and the ways in which it has been hindered. Finally, this paper looks to the future and suggests ways to enhance and change this relationship and more effectively protect the environment through the WTO.
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Chaves, Olarte Georgina Ines. "International regulation of Caribbean textile and apparel trade." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69750.
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In the last five years, textiles and apparel have represented the largest source of growth of U.S. imports from countries covered by the Caribbean Basin Initiative. The economic importance of this sector to the Caribbean countries gave rise to this study which discusses the international regulation of textile and apparel trade and the possible effects of the Uruguay Round of Multilateral Trade Negotiations and the North American Free Trade Agreement on the Caribbean textile and apparel industry. This analysis takes into account not only the legal mechanisms developed to control trade in this sector, but also the underlining powers that have allowed the shaping of the current textile and apparel order. Special emphasis is placed on U.S. trade policies toward the Caribbean Region which have played a significant role in the present development of the Caribbean apparel industry.
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Jacobs, Faizel. "Concept and evolvement of Chinese Contract Law." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19740.
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This dissertation discusses the evolvement of Chinese Contractual law and establishes as to whether it converges or has any similarity with any Western legal norms and standards. I will view the recent history and early sources of Chinese law as influenced by political changes and tradition; as well as the influence of international commercial transaction agreements. The formation of a contract, standard terms and modification of contracts and the dissolution and breach in Chinese contracts will be discussed and also whether parties do in fact have the freedom to enter agreements with each other without third party interference. The role played by the Judiciary when addressing the issue of contractual disputes and in particular the Interpretations and Opinions of the Supreme Peoples' Court of China on the new Chinese Contract Law will be considered, as well as whether the concept of Doctrine of Precedent as practiced in the West does in fact exist in China. My motivation for choosing this topic is based on the fact that China is (1) the second largest economy in the world and her consequential impact on world trade, (2) its economic influence in the world especially Africa, (3) the fact that China is South Africa's largest trade partner, (4) South Africa's membership of BRICS [1] , and (5), China's growing influence in the world in the creation of parallel institutions to the West, such as the New Development Bank (formerly known as the BRICS Development Bank) rivalling current Western institutions such as the World Bank and the International Monetary Fund.
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Farrell, Jennifer Emma. "The interface of international trade law and taxation : defining the role of the World Trade Organisation in the field of international taxation." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/2341.
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This thesis explores the ill-defined and oft-underestimated relationship between the World Trade Organisation (WTO) and taxation. By adopting a two-pronged approach, the work will (i) examine the extent to which the WTO legal framework exerts influence upon domestic tax law and international tax policy, and will (ii) question whether it is appropriate for the WTO to play a regulatory role in the field of taxation, and whether this role should be expanded or curtailed. The thesis presents an examination of the historical development of international trade law and international tax law, and reveals that these two separate areas of law are closely linked in terms of their underlying principles and historical evolution. The work then goes on to offer a doctrinal analysis of the tax content found in the WTO legal texts and highlights ambiguities therein. Analysis focuses on the General Agreement on Tariffs and Trade 1994 (GATT), the Agreement on Subsidies and Countervailing Measures (SCM Agreement), and the General Agreement on Trade in Services (GATS). Throughout the analysis, attention is placed on the income tax litigation between the European Union and the United States (the Domestic International Sales Corporation and the Foreign Sales Corporation tax breaks), and on future possible tax conflicts. It is found that the WTO plays a crucial role in regulating taxation matters, but that the rules pertaining to taxation are often unmanageably ambiguous, and this may result in unforeseen conflicts with domestic and international tax policy. Four recommendations are offered to resolve this legal ambiguity: a reappraisal of the direct-indirect tax distinction, the clarification of legal texts, the establishment of a WTO Committee on Trade and Taxation, and the development of institutional linkages and dialogue between the WTO and the traditional international tax institutions, the Organisation for Economic Cooperation and Development (OECD) and the United Nations (UN).
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Magklasi, Ioanna. "The impact of the Rotterdam Rules on International Trade Law." Thesis, University of Southampton, 2014. https://eprints.soton.ac.uk/368505/.
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The Rotterdam Rules have come to harmonise and update the law of international carriage of goods wholly or partly by sea. This Convention has been praised for being more aware of the interrelation between carriage and international sale contracts. The objective of this thesis is to investigate the impact that the Rotterdam Rules will have on international commercial sales when the applicable law is English law. The focus of the research has been placed on the provisions of the Rotterdam Rules which have been inserted to facilitate trade. The international trade of goods heavily relies on documentary performance. The transport documents are of the utmost significance and where they are negotiable, they enable sales down a string through transfer of a document of title. The provisions of the Rotterdam Rules allowing the seller to obtain the appropriate document for tender to the buyer have been examined, to discover possible implications on CIF and FOB contracts. Thus, study of the compatibility of the Rotterdam Rules with the Incoterms is critical. Equally significant has been the research of the relation between the requirements a transport document or electronic record should satisfy under the Rotterdam Rules and a letter of credit governed by the UCP 600, as this is the preferred method of payment in modern overseas sales. Moreover this thesis investigates the way in which the transport document can secure the seller’s and buyer’s rights under their contract of sale, if issued in an electronic form. Currently there is a particular interest in paperless contracting especially in the oil trade. Thus, whether the Rotterdam Rules can operate successfully, along with eUCP and modern registries and what law reforms need to take place to optimise trade facilitation and certainty in this area have also been examined. Finally because international sale agreements incorporate English law due to the advantages of freedom of contract, this made necessary the discussion of the trade dimensions of a volume contract that derogates from the Rotterdam Rules. The fluctuating balance between codification, consolidation of legal principles and freedom of contract as reflected by the Rotterdam Rules and texts of other rule-setting organisations underpins the findings of this thesis. Thus, not surprisingly, the way the Rotterdam Rules, which are a piece of international codification, legitimise freedom of contract in agreements that would otherwise be subject to a mandatory regime deserves special consideration. All the chapters are strongly interrelated both in conceptual and teleological legal terms. This thesis asserts that the trade implications from the application of the Rotterdam Rules are due to the idiosyncrasies of the regulation of carriage and trade laws. Although they may touch upon common concepts, they are constituted by varied legal sources and drafted by delegations, which, due to their background and composition harmonise the law based on different priorities. This justifies the synergies identified in this thesis; it is a thesis which goes beyond the implications identified and suggests the way forward so that the Rotterdam Rules can have a positive effect on sales concluded on shipment terms.
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Shields, Kirsteen. "Between justice and law : exploring avenues and obstacles to an international obligation to trade fairly." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8684.
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This thesis is concerned with whether international law is capable of evolving to adequately address the adverse impact of international trade practices on the billions of people living in poverty in the world today. To this end, it explores international law’s capacity to integrate ethical obligations into international trade through the hypothetical construction of an ‘international obligation to trade fairly’. Obligations of fairness in international law are defined as necessitating the construction of an obligation to not restrict processes of democracy and distributive justice between individuals and the state. The application of this obligation on international trade is considered necessary in light of global economic interdependence, which has diminished the capacity of the state. An examination of the extent to which such a norm already exists is undertaken before considering the internal and external limitations to the universalization of such a norm. The central obstacles concerning the proposed obligation are identified as relating to the subject of the obligation and the normative force of the obligation. It is argued that due to the ideology and, inter-relatedly, the structure of international law, these obstacles cannot be readily overcome without radical reform.
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Chen, Yi. "Food safety and international trade : international legal issues and challenges facing Chinese food exports /." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580105.
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Kim, Ki-hong. "Essays on GATT and international trade disputes." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 1997. http://wwwlib.umi.com/cr/ucsd/fullcit?p9820986.
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Kaphuka, Samuel. "The SADC protocol on trade: a critical analysis." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19788.
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"Is the SADC Trade Protocol adequate to meet its stated objectives and to address the problems of limited intra-SADC trade?" This thesis will argue that although the protocol has had some impact on intra-regional trade, some provisions contained within it remain a barrier to trade. The thesis will focus on how the SADC protocol on trade can address solve the problems of intra-SADC trade. It will be argued that certain provisions within the Protocol undermine the objectives of the protocol as outlined in Article 2. These provisions include but are not limited to the rules of origin, non-harmonization of external tariffs, derogations to the elimination of barriers in intra-SADC trade provisions found in Article 3, and inadequately tackling non-tariff measures. In examining the protocol, reference will be made to the similar provisions contained in the East African Community (EAC).
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Jere, Maude. "Trade and sustainable development: regulating PPMs in the WTO." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25314.
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The popularisation of sustainable development and increasing alarm of the over-exploitation of natural resources and its impact on the environment has forced the international community to recognise that the current condition of the environment is a global concern. Developing alongside this recognition is an awareness of the relationship between economic growth/ trade liberalisation and the environment. The reconciliation of trade and environment necessarily involves international trade organisations and how their policies affect the environment. To this end a large part of the trade and environment debate has involved the World Trade Organisation (WTO) and its approach to trade measures that relate to environmental protection, more specifically, on whether its treatment of non-product related Process and Production Methods is in line with the goal of sustainable development. In a setting where the 'the major cause of the continued deterioration of the global environment is the unsustainable pattern of consumption and production', states have been charged with the responsibility of setting standards that regulate the processes and methods used to produce goods so that the damage to the environment is minimised. Has the WTO been able to balance the goal of trade liberalisation with environmental protection and does its policy in relation to non-product-related Process and Production Methods undermine sustainable development and the ability of states to set their own environmental protection agenda? The dissertation will try to show that while GATT rules are not designed to undermine the objective of environmental protection, their application has reduced the ability of states to set their own agendas in relation to environmental protection. This will be done through an examination of case law with reference to the 'like product' analysis under Article III of the GATT which governs domestic regulations and the treatment they afford to domestic and imported products. It will show that the WTO's reluctance to use non-product related Process and Production Methods as a way of differentiating products, has the potential of undermining the efficacy of ecological protections put in place in pursuit of sustainable development. After an examination of Article XX, the thesis shows that while Article XX provides exceptions to the obligations of member states, it does not provide enough stability and predictability to address the failing of Article III. In doing the WTO has hindered the promotion of sustainable development as PPMs which are largely a response to failed multilateral efforts to achieve consensus on environmental protection.
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Soto, Naranjo Davide. "International trade and energy: possible contributions from outside the WTO." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114615.
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This work aims to contribute to the debate about the relationship between International Trade Law and the Energy Sector and proposes a way ahead. Energy availability has become increasingly a crucial factor for the economic development of countries. Despite its importance, the International Trade System is not provided with specific rules addressing energy. Within other international regulatory frameworks - such as the Energy Charter Treaty and the European Union, among others – energy is addressed more specifically. This work suggests that the Energy Charter Treaty and the European Union can serve as templates or models for the GATT/WTO, should new energy rules, or a General Agreement on Trade in Energy be negotiated in the future. In the present work, some relevant elements of energy regulation under the Energy Charter Treaty and the European Union are addressed, and their possible application to the GATT/WTO is also discussed. Consequently the GATT/WTO negotiators should consider referring to the EU and ECT regulation of energy and mould new GATT/WTO energy rules form them.Cette recherche vise à apporter une contribution au débat sur la relation entre le droit commercial international et le secteur de l'énergie et propose une avancée. L'accès aux ressources énergétiques devient de plus en plus un facteur important pour le développement économique des États. Malgré cette portée, le système commercial international ne prévoit pas de règles spécifiques relatives à l'énergie. En revanche, d'autres systèmes internationaux – tels que, entre autres, le Traité sur la Charte de l'énergie et l'Union européenne – abordent la question de l'énergie directement. Cette recherche suggère que le Traité sur la Charte de l'énergie et l'Union européenne peuvent être utilisés comme modèles pour le GATT/OMC dans l'optique de futures négociations portant sur des nouvelles normes dans le secteur énergétique, voire sur l'adoption d'un Accord général sur le commerce de l'énergie (General Agreement on Trade in Energy). Ainsi, les négociateurs du GATT/OMC devraient envisager de se référer aux bases offertes par les normes du secteur énergétique du Traité sur la Charte de l'énergie et de l'Union européenne pour façonner les nouveaux instruments de réglementation de l'énergie au niveau multilatéral.
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McKenzie, Fiona G. "Health and environmental protection in international trade law : bridging the gap." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/24153.
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The international trading system has a role to play in ensuring that its primary objective of trade liberalisation does not come at the expense of environmental and health concerns. The goal of this thesis is to evaluate the efforts that have been made by the WTO to integrate environmental/health issues in the international trade system and to propose ways of achieving greater linkage between these areas by performing both a legal and economic analysis of the subject. The various ways in which linkage occurs in the WTO are analysed, in particular, through the exceptions to the most-favoured-nation standard contained in Article XX of the General Agreement on Tariffs and Trade, the Sanitary and Phytosanitary Agreement and Technical Barriers to Trade Agreement, scientific assessments, the acceptance of eco-labelling initiatives, the interpretation of WTO rules in the light of rules of public international law, the incorporation of environmental principles and overarching norms, as well as the coherence between the TWO and multilateral environmental agreements. The WTO’s legislative arm and the Dispute Settlement Body (DSB) are both crucial in providing coherence between environmental/health and free trade goals. It is argued, however, that linkage through the legislative arm would enable WTO members to retain more control over the WTO agreements and achieve the highest degree of coherence between environmental/health protection and free trade goals despite the fact that due to the high transaction costs of clarifying existing rules or devising new ones, linkage through the interpretations given by the DSB is a less burdensome way of filing the gaps of an incomplete contract. Although coherence between environmental/health and free trade goals can and should be increased, it is concluded that it would be unrealistic to expect that the international trading system achieve a degree of linkage that is acceptable to all WTO Members in all circumstances. In this respect, the question of whether Members should be able to maintain WTO inconsistent measures, if compensation is paid or if concessions are suspended or withdrawn is examined.
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Hainsworth, Susan. "The World Trade Organization and the evolution of international economic law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq27294.pdf.
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Cordonier, Segger Marie-Claire. "Sustainable development in international trade law : integrating economic and social development and environmental protection in emerging trade regimes." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669870.
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Knopf, Howard P. "Intellectual property, free trade and the free flow of goods: A study of the "exhaustion" issue in international trade." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/10525.
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Lee, Meng-bin. "Promotion and protection of foreign trade and investment in China : a study with particular reference to Chinese law and policy and their conformity with international law." Thesis, University of Nottingham, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.315789.
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Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.
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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making.
This thesis focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied?
For the first time, this thesis: proposes a comprehensive understanding of PRPs in IIAs by drawing notably on the General Agreement on Tariffs and Trade (“GATT”) Uruguay Round of negotiations and on the United States Bilateral Investment Treaty (“BIT”) Programme; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation (“MFN”) treatment clauses to PRPs in the future.
Finally, this thesis formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way.
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Allen, Sara-Ruth. "International trade rules: a case of imperialism at work?" University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Agreement on Agriculture.
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Chun, Cheong-Ghi. "A comparative study on anti-dumping laws in the EU and Korea in the context of international rules." Thesis, Boston Spa, U.K. : British Library Document Supply Centre, 1996. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.318354.
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Musiba, Ephraim. "Developing a suitable competition law and policy for developing countries: a case study of Tanzania." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12895.
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Includes bibliographical references.This dissertation aims to examine one major issue: namely, the most appropriate competition law for developing countries from the perspective of ‘looking from the inside out’.1 Reference is made particularly to Tanzania, with a close evaluation of its Fair Competition Act, 2003 and some case law, so as to assess the efficiency and effectiveness of competition policy and law within its Tanzanian context. This involves taking into consideration the inherent characteristics of the Tanzanian economy since it is necessary that Tanzania have a competition law that reflects and addresses its particular needs. So the basis of this dissertation is to analyse the efficacy of the Fair Competition Act to deal with the specific requirements of Tanzanian society; and if the result is found to be in the negative, then the dissertation goes on to suggest what type of competition law model Tanzania should develop that will best suit the country’s needs.
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Muthee, Karen Wangu. "The effect of the East African community integration process on informal cross-border trade (ICBT) : an analysis of the Customs Union Protocol." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19787.
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Informal cross border trade (ICBT) includes imports and exports that are traded across borders informally by escaping the normal border procedures like customs clearance. As a consequence of the said informality, ICBT is viewed as illegal cross border activities. Despite the fact that it is not possible to give the accurate extent of ICBT in the East African Community (EAC), it continues to grow by the day and has contributed significantly to economic and sustainable growth. It therefore has the potential to support the ongoing initiatives on poverty reduction and raise the standards of living for a majority of the people. In fact, if properly managed, it definitely has the effect of boosting the economies. The concept therefore that ICBT is illegal trade shows that legislators have not fully appreciated the benefits of this trade and the fact that they have downplayed it means overlooking a significant proportion of trade. The main aim of the study therefore is to give an overview of the nature and scope as well as the significance of ICBT in EAC. In this regard, the three major advantages are that it is a source of employment, assists in eradicating poverty and contributes immensely towards food security in the region. The study also analyzes the Customs Union Protocol and highlights opportunities that can be derived from specific articles for the benefit of the informal cross border traders and eventually comes up with policy recommendations to provide a regulatory environment that can accommodate both the formal and informal sector without harming either of the two. The research has also discussed the regional integration initiatives taken with the aim of promoting economic development in the Community and their effect on ICBT. The route taken by Africa as a whole is market integration which has not been without difficulties. As an alternative, regionalism from below could be the better way forward in the quest for regional economic integration considering ICBT has greatly supported the shrinking formal economy. This would mean tapping into this informal trade by building on those informal trade networks to create a robust economy bearing in mind that is where a substantial proportion of cross-border trade is conducted. This would ultimately lead to formalizing ICBT. While it may seem difficult, the study shows that formalizing ICBT and having its official recognition in the Customs Union Protocol would be a stepping stone to realizing economic integration within the Community. It is a kind of trade that is there to stay and as a result of the shrinking formal economy; EAC will with time have to deal with ICBT as a parallel and alternative source of employment in relation to the formal sector. Therefore, it is necessary that the Community deals with ICBT sooner rather than later considering it has become a social-economic lifestyle for a large number of EAC citizens.
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Nangolo, Eino Kandali. "An analysis on creating balance between economic transformation and investment in Namibia's mining industry." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28082.
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The study is based on inclusive economic transformation and foreign direct investment (FDI) in Namibia's mining industry. The author seeks to find out how the two competing interests can be balanced, so that readers understand the relevance of both to economic growth and poverty alleviation among the society. In doing so, the study uses the distributive justice theory to justify inclusive economic transformation whereas on the other hand, uses the rational choice theory and investment laws to demonstrate the impact of FDI on the Namibian mining industry. Advise and ratings from the World Bank and international rating agencies have been considered in this regard. In addition, the study includes a brief comparative analysis on how economic transformation affects the economy South Africa and Zimbabwe. The comparison is necessary in order to determine whether Namibia will yield different outcomes or it will fall into the same category like its neighbouring countries. Thereafter, the study concludes with a discussion on the recommendations for future.
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Cser, Melinda. "Comparison of South Africa's automotive investment scheme to similar trade, export and investment financial assistance regimes (incentives) of Nigeria and Kenya." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19737.
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Comparison of South Africa 's Automotive Investment Scheme to similar trade, export and investment financial assistance (incentives) regimes of Nigeria and Kenya The AIS is a South African government investment incentive offered within South Africa's Automotive Production and Development Program. The intention of the AIS is to grow and develop the automotive sector through investment in the production of new and/or replacement models and components. The overall aim of the research is to analyse whether the manner in which the AIS incentives seek to achieve the above objectives , and the objectives themselves are aligned and furthermore to indicate the potential weakness of the AIS . The analysis of the weaknesses focuses in particular on potential inconsistencies amongst the provisions of the AIS or amongst the provisions of the AIS and the provisions of its sub - components. Furthermore, the research will review whether the economic benefit criteria of the AIS to be fulfilled by applicants are sufficiently detailed or the lack of details creates uncertainty with the interpretation and implementation. Lastly, the paper will review the transparency elements of the AIS. To obtain an answer to this question, the AIS will be analysed and will be compared against the policies and/or legislation of Nigeria and Kenya, where applicable, to determine whether the policies of these two countries could inform the AIS in achieving its objectives. The analysis will be executed in six chapters. The first chapter is an introduction. Chapter two will cover the policy reasons for the introduction of automotive (and manufacturing related) policies in South Africa, Nigeria and Kenya. Chapter three will provide an overview of the policies and, where applicable, the relevant legislation in the three countries that deal with the automotive industries. As the policies of the three countries are very differently construed , the intention of this paper is not to undertake a full and comprehensive overview of all the relevant South African legislation dealing with tax, customs duties or investment protection to investors in the automotive sector because such legislation is currently one of the key pillars of the Nigerian and Kenyan policies . Therefore, the focus will be on comparing the structure, objectives and operation of the policies of Nigeria and Kenya where it is comparable with the AIS or the APDP. The fourth chapter will deal with the investment specific incentives and benefits provided in the three countries , in particular in relation to cash grants and t heir availability (or not) for investors in Nigeria and Kenya. In relation to Nigeria and Kenya the legislation and policies having similar objectives or structure will be discussed. For South Africa the achievements of the AIS will also be analysed briefly to understand how it has performed against its objectives up until 2015. Chapter five will discuss the institutions and government agencies which are authorized and responsible for handling funding applications, for negotiating funding/investment agreements , and approving and monitoring investment projects related to the automotive industry. The final chapter shall conclude on the findings, and highlight the potential weaknesses of the AIS by providing proposals for improvement based on the lessons learnt from Kenya and/or Nigeria, where or if possible.
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Nsanta-Kalimukwa, Natasha. "Trade liberalisation vs public morality : can the European Union seal ban be justified under the GATT Article XX (a)?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12892.
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Includes bibliographical references.The objective of the research is to assess the strength of a potential exception available to the EU under Article XX (a) of the GATT. This is not the first time that issues to do with animal welfare are being challenged at the WTO dispute settlement system. Animal welfare issues have been at the centre of conflicts from the times of the GATT through to the creation of the WTO. For example, in 1993 a dispute arose when the U.S. adopted a law known as the U.S. Marine Mammal Protection Act which established standards of harvesting tuna using purse seine nets to prevent the unnecessary killing of dolphins. This law entailed that if a country exporting to the U.S. did not meet the standards as specified in the law, the tuna would be embargoed. The Panel ruled against the U.S although the panel report was never adopted because under the old GATT regime, a decision could be blocked by a member state that was unhappy with the decision and the U.S. blocked its adoption. This scenario is no longer possible because under the WTO because of the negative consensus principle. Further, in 1997, under the United States Endangered Act of 1973, the U.S. imposed a ban on the importation of certain shrimp and shrimp products that were not caught using turtle excluding devices (TED)in their nets when fishing in areas where there a significant likelihood of encountering sea turtles. Although the two cases were brought under Article XX (b) exception, they are still important for the seals case because the main reason the products were banned was because the countries who adopted the bans did not subscribe to the methods used in the hunting which raised concerns in their countries. Seals have also come under contention before when in 1983 the EU banned products from ‘whitecoats’ and bluebacks’ a species of seals also known as harp and hooded seals respectively that have not yet been weaned as a result of concerns over their conservation status. The current seal dispute is therefore important for two reasons. Firstly the study is ofparticular importance because the moral exception under GATT is rarely invoked. It will be the third dispute under the GATT specifically to invoke the public morals exception and the second dispute under the WTO. So there has not been a lot of adjudication on the exception. Secondly, it is the first time that a dispute panel at the WTO is adjudicating upon a trade measure adopted for the protection of animal welfare by a Member State purely based on moral beliefs and indignation.
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Ngubula, Moyombuya. "The SADC protocol on trade in services : a review of the protocol in light of the GATS and other SADC protocols and what it means for trade in services in the region." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/13952.
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In 1995 the General Agreement on Trade in Services (GATS) came into force. This is the World Trade Organization’s (WTO) legal instrument aimed at regulating multilateral trade in services (TiS). GATS was negotiated in light of the increase in TiS in the world and the need to regulate this area of trade. Prior to GATS coming into force, only trade in goods was regulated at the multilateral level through the General Agreement on Trade and Tariffs (GATT). There are many benefits that come along with TiS and there is a need for developing countries to open up their service markets. Liberalised TiS in developing countries can bring about technological advancement, it enhances competition, it creates employment and it enhances productivity. Opening up the services sector brings about more service suppliers into the economy. The increase in service suppliers means that there will be competition and competition eliminates inefficiency and gives consumers access to a variety of services at low prices. The service areas that SADC countries have comparative advantage in such as tourism and transport are labour intensive, the opening of such sectors will therefore be employment creating across the region. In more technologically complex service areas (like telecommunications) the liberalisation of such sectors allows those countries that trade in such services to spill-over the technical know-how to other countries in the region. Among some of the provisions of GATS that regulate TiS are provisions that define services, identify services areas and modes of trading in services. GATS provides for member states to accord treatment no less favourable than that they give to their services and service suppliers to services and service suppliers that come from other members (MFN treatment). Services from members are also to be afforded national treatment when traded in the territory of another member. The national treatment afforded to services differs from that in GATT in that unlike in GATT national treatment under GATS only comes about as a result of specific commitments made by each member. There are some exceptions to the general rules of GATS. One such exception allows for the establishment of a preferential trade agreements to regulate TiS in a region. In terms of Article V member states can enter into preferential trade agreements to regulate their TiS. The preferential trade agreements established in terms of Article V allow the parties thereto to extend more favourable conditions to the services and service suppliers from the countries that are member states without extending them to the rest of the WTO members.0 In order to satisfy Article V it must be shown that the agreement in question covers a substantial number of sectors and that it eliminates or provides for the substantial elimination of discrimination. There is some flexibility that is however afforded to preferential agreements entered into by developing countries in so far as the elimination of discrimination is concerned. SADC is a Regional Economic Community that was established in 1992 in terms of the SADC Treaty. The SADC treaty provides for the regulation of trade.14 It also provides for the concluding of Protocols when the need arises. In light of the provisions of the treaty and of GATS Article V, SADC recently concluded the SADC Protocol on Trade in Services (SADC TiS Protocol). The Protocol is aimed at liberalising substantial TiS in the Southern African region while at the same time ensuring that the treaty remains consistent with other Protocols that precede it. In light of the provisions of GATS the paper will carry out an analysis of the SADC TiS Protocol. The paper will consider the requirements that GATS places on preferential agreements and assess how far the SADC TiS Protocol goes in satisfying the requirements.
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Majatame, James. "Legal analysis of the challenges and prospects of the SADC Tribunal." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12906.
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Includes bibliographical references.The primary purpose of the Tribunal is to ensure adherence to and the proper interpretation of the provisions of the SADC Treaty and its subsidiary instruments and to adjudicate upon such disputes as may be referred to it. It has been pronounced by the Treaty that the Protocol to the Tribunal is an integral part of the Treaty and this distinguishes the Tribunal as playing a significant role within the region. The basis of the Tribunal’s jurisdiction lies in both the Treaty and the Protocol respectively. Article 32 of the SADC Treaty permits reference to the SADC Tribunal of '…any dispute arising from the interpretation, application or validity of Protocols or other subsidiary instruments made under this Treaty, which cannot be settled amicably’. More so, Article 16(1) of the SADC Treaty states that the Tribunal shall be constituted to ensure observance of and the appropriate interpretation of the SADC Treaty and other subsidiary instruments and to decide upon such matters as may be referred to it. Furthermore, Article 14 of the SADC Tribunal Protocol gives the SADC Tribunal jurisdiction over 'all disputes and all applications referred to it in accordance with the Treaty and this Protocol which relate to various SADC instruments. In terms of Article 15 the Tribunal has jurisdiction over legal and natural persons and member states and Article 15(2) subsequently contains an exhaustion of local remedies rule, in regard to natural persons. The Tribunal also functions as a labour tribunal. More so, it has an appellate function in relation, for instance, to the trade panels established in terms of Article 31(b) of the SADC Protocol on Trade. The Tribunal also plays a role of advisory function as stipulated in Article 20 of the Tribunal Protocol. In more general terms it is conspicuous that the SADC Tribunal is expected to serve as a key institution in the SADC legal and institutional integration process. On the 18th of August 2005, The Summit of Heads of State which is the Supreme Policy Institution of SADC, pursuant to Article 4(4) of the Protocol on the Tribunal, appointed the members of the Tribunal during its Summit of Heads of State and Government held in Gaborone, Botswana.48 On 18 November 2005 the Tribunal was inaugurated and the judges were sworn in. The Tribunal received its first cases in 2007 among which most of them were related to labour disputes. The Campbell case was the first matter brought before the Tribunal which dealt with issues of human rights, democracy and the rule of law. The Tribunal ruled against Zimbabwe in this matter and ordered Zimbabwe to, among other things, compensate the applicants for their confiscated farms. Zimbabwe refused to comply with the decision of the Tribunal. The Tribunal referred the matter to the Summit of the Heads of States and Governments for them to impose appropriate sanctions on Zimbabwe. The summit responded by a de facto suspension of the Tribunal. The suspension of the Tribunal and the refusal of Zimbabwe to enforce the Tribunal decisions indicate that the Tribunal is plagued by various problems, especially in relation to the enforcement of its decisions. Nevertheless, it is clear that the Tribunal is pivotal for the pursuit of sub-regional integration of SADC members as it constitutes an integral part of the Treaty. Therefore, the de facto suspension of the Tribunal may have a negative effect on the goals of SADC to '…promote sustainable and equitable economic growth and socioeconomic development that will ensure poverty alleviation with the ultimate objective of its eradication, enhance the standard and quality of life of the people of Southern Africa and support the socially disadvantaged through regional integration.’ Hence, it is the primary objective of this dissertation to conduct an analysis of the various aspects of the Tribunal and its decision in the Campbell case in order to generate recommendations for the strengthening of this judicial institution of SADC pursuant to regional integration.
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Gariseb, Adolf Nana. "Attaining uniformity in the meaning and application of good faith in international trade instruments." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20797.
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The objective of this dissertation is to ascertain whether it is possible to have a universally acceptable meaning of good faith and if indeed such a meaning can finally lead to uniformity in the application of the concept in international commercial transactions. It will be argued that such uniformity is possible but that it cannot be achieved without addressing the obstacles that have prevented a uniform adoption of the concept to date and how such difficulties can be solved in international trade. In answering the above question the dissertation will look into the meaning and application of the concept of good faith within international trade instruments, primarily article 7(1) and (2) of the Convention on the International Sale of Goods (CISG); article 1.7 of the UNIDROIT Principles on International Commercial Contracts, and the Principles of European Contract Law (PECL). The purpose of considering these instruments is to identify the current difficulties in the meaning and application of good faith in international commercial transactions and how they can be addressed if uniformity is to be attained. Furthermore the dissertation will also examine the different definitions of good faith and the methods of application adopted by major European legal systems, particularly the German civil code, the Dutch civil code, the Uniform Commercial Code and the position in English law. The purpose for considering these domestic legislations is to identify the possible meaning and application that will be given to good faith in situations where courts and tribunals gap fill with reference to national laws.
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Sedki, Mirco. "The Role of Good Faith: A Case Study on the Application of Good Faith in the CISG." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29714.
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The work at hand discusses the role of ‘good faith’ in the meaning of Article 7 of the United Nations Convention on Contracts for International Sale of Goods (CISG). The CISG is a sales convention developed by UNCITRAL with the objective to provide a uniform and fair regime for the international sale of goods. As a consequence, the uniform application of the Convention is main concern of the CISG. Art. 7 provides a method to ensure that the Convention is applied in such uniform way. The provision lays down the three principles of interpretation of the CISG: ‘its international character’, ‘uniformity in its application’ and the ‘observance of good faith in international trade’.
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Khabo, Lebona. "An analysis of competition law implementation in the EAC, SADC, and COMESA and the problem of overlapping membership." Master's thesis, Faculty of Law, 2020. https://hdl.handle.net/11427/31711.
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Competition law is an integral building block in the attainment of regional integration, with Regional Economic Communities (RECs) on the continent making specific provision for competition policy in their founding and developmental agreements. However, in the Southern African Development Community (SADC), the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA), Partner and Member states have implemented competition law in varying degrees, in some cases there is a complete vacuum.
In this paper I wish to analyse the development and implementation of competition law in the respective regions, by dissecting the manner in which the regions have gone about promoting competition law in the regions, I shall further analyse the domestic development of competition law in some of the Partner and Member States. Due to the voluntary nature of the RECs some Member and Partner States of SADC and the EAC are also members of COMESA, this creates a multiplicity of regional obligations as well as domestic obligations. In light thereof I will further analyse the effect of overlapping membership of RECS, and whether it creates any unintended problems, and if so, how this has been dealt with or can be dealt with.
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Qhobela, Mabela Cynthia. "TDCA and SADC EPA : facilitation of market growth and integration or decline within SACU? : a critical analysis." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12970.
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Includes bibliographical references.Ever since African states gained their respective independences, regional integration has been at the highest realm of their goals. The states have since seen it as a solution to their slow growing economies and as a means of poverty reduction.1 It has been a very slow but enormous progression on the part of Southern African countries since the establishment of the Southern African Customs Union (SACU) in 1910. These states developed and are still continuing to develop promising approaches to trade negotiations in both multilateral and regional economic negotiations 2 and agreements they have with the European Union (EU) such as the Southern African Development Community Economic Partnership Agreement (SADC EPA) and South Africa with the Trade, Development and Cooperation Agreement (TDCA) it has with the EU. SACU took it upon itself to bring into existence a common external tariff but the TDCA has proved to not take into account the concerns of the other SACU members namely Botswana, Lesotho, Namibia and Swaziland (BLNS).3 The promotion of trade is mainly boosted by developed countries trading with developed and least developed countries extensively than it is by developing and least developed countries trading with their respective counterparts.4 This means developing and LDCs do not become part of regional integration economic groupings to promote trade. This is one of the main reasons why the agreements that these states conclude with the EU should be concluded in a way that boosts trade without encroaching on other states for such to be attained.
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Kamau, Nancy Washinga. "The regulation on trade barriers under SADC and EAC: assessing the effectiveness of their legal framework." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12898.
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Includes bibliographical references.There are more regional integration initiatives in Eastern and Southern Africa than anywhere else in Sub-Sahara Africa. These include Common Market of Eastern and Southern Africa (COMESA), East Africa Community (EAC), Southern African Development Community (SADC), Southern Africa Customs Union (SACU) and Inter-Governmental Authority on Development (IGAD). Owing to the scope of this study, only the trade liberalization initiatives under SADC and EAC will be evaluated. The trade liberalization strategies will focus on the intra-regional level. This study entails a comparative study of key legal provisions facilitating elimination of trade barriers within SADC and EAC trade blocs respectively. The study identifies the underlying objectives that inspired the countries to enter the said regional trade agreements. It will focus on the mechanisms adopted to liberalize free movement of goods in the SADC Free Trade Area and the EAC Customs Union respectively. Since both RTAs carry a firm commitment to take affirmative measures to reduce barriers to intra-regional trade, the respective trade agreements should contain a legal framework that will drive the trade liberalization objectives. The study seeks to determine whether the legal frameworks in the SADC and EAC trade regimes is a viable tool to eliminate trade barriers and in turn foster a deeper level of integration. The aim of the study is to ascertain whether their constitutive legal framework is effective enough to achieve this goal. The study concludes that while the SADC FTA and the EAC custom union have already been launched, the levels of intra-regional trade remains low. This is caused by failure of some member states to meet their commitments to eliminate tariff barriers, the surge of non-tarifff barriers and multiple memberships of SADC and EAC members with other regional trade blocs. This study is founded on the belief that lack of enforcement of community law at national and community level is slowing down the implementation of treaty commitments.
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Ewers, Jade Güdron. "South Africa awaits a possible new law banning foreign ownership and restricting domestic ownership of agricultural land: Is this in line with this country's obligations and commitments under the GATS and its BITS?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25023.
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The South African Government publicly announced its intention to table the Regulation of Land Holdings Bill in Parliament soon, as part of their land reform priority. This potential new law aims to prohibit foreign ownership of agricultural land and to place ceilings on the size of agricultural land that citizens and foreigners may own. Foreigners will be allowed to conclude long term leases. Some parties most likely to be affected by this proposed new Bill are South Africa's fellow WTO Members in services trade and investors from its BIT partner countries. As a WTO Member and BIT partner, SA undertook various contractual obligations and commitments. The primary objective of this study is therefore to determine whether, by promulgating the proposed Bill, South Africa might be violating any of these obligations or commitments. This is done by considering firstly the policy and constitutional background of the Bill in light of the General and Specific GATS commitments such as the MFN, Transparency, National Treatment and Market Access Commitments. The outcome of this analysis shows that South Africa may violate its National Treatment and Market Access Specific Commitments by imposing the ban on foreign ownership of agricultural land. This is because those foreign services providers intending to own (as opposed to leasing) agricultural land to establish commercial presence in South Africa, will be prohibited from doing so - despite South Africa's GATS Schedule of Specific Commitments not indicating any such land ownership restrictions either horizontally or sector-specifically. Examples of affected service sectors are the Tourism, Manufacturing and Construction sectors. It is then concluded that (i) South Africa could potentially raise the public order General Exception against any possible violation claims; but (ii) that South Africa should in the alternative, rather consider modifying or withdrawing some of its GATS Commitments. The protections which South Africa's BITs provide are then analysed in light of what is publicly known about the proposed Bill. It is concluded, for example, that the restriction of the property rights of existing foreign owners of agricultural land in South Africa by restricting their rights to dispose of their land to South Africans only – may constitute indirect expropriation for which they should be compensated in terms of relevant BITs. Although the country's investment policy vis a vis BIT has changed leading to the termination of, for example, some European-South African BITs, these agreements all contain sunset clauses opening up the country for potential investor-state arbitration claims for up to 20 years. The thesis concludes with the recommendation that South Africa carefully considers the implications of potential claims from its WTO and BIT partners and in also, other alternative land reform options.
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Houston-McMillan, Jason. "An argument for more plurilateral agreements and their value for developing countries: stemming the tide of preferential trade agreements, post-Doha." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25315.
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The latest round of multilateral trade negotiations at the WTO, the Doha Round, is deadlocked, and it is unlikely that any further significant rule-making progress will be made there. The system's faltering has resulted in an unprecedented move towards preferential trade agreements between WTO Members as alternative negotiating platforms. The result is an ever-expanding divergence of the global trading system, which gives rise to added complexity and wider discrimination than would follow from alternatives - specifically the increased use of plurilateral agreements. Preferential agreements, particularly worryingly, may also have serious consequences for developing and least-developed countries in particular. This paper argues that, in light of the stalling of the Doha Round, greater effort should be made by WTO Members to pursue plurilateral agreements in specific policy areas and to move towards a system incorporating more 'variable geometry' which will result in progress in existing areas which have seen little movement since the Doha Round began. Given the recent proliferation of Preferential Trade Agreements and their potential negative effects on rule-making and the WTO, and on developing countries, it is vital that alternatives are explored in order to promote adaptability which would result in a more effective and relevant WTO.
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Awinador-Kanyirige, Darkowa. "Effects of the Economic Partnership Agreements on Regional Integration in Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/28099.
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After gaining independence, African states embraced the idea of regional integration as an approach to boost economic development on the continent. This was evident in the new regional organizations that were predominantly generated among developing states in the southern hemisphere. Majority of these organizations, e.g. Economic Community of West African States (ECOWAS) and Southern African Development Community (SADC), have continuously been striving to deepen social, political and most importantly economic integration and cooperation in Africa. In an attempt to further the regional integration agenda, there have been quite a number of colonial cross-border arrangements with EU. Assessed based on conventional integration theories by scholars like Ernst B. Haas, the prerequisites for effective regional economic integration in Africa, appear to be less successful, juxtaposed with the more developed and economically independent European Union. Although regional organizations like ECOWAS and SADC have managed to establish free trade areas (FTAs), they have failed to attain their agenda of establishing customs unions. Agendas of this kind among other things, are pertinent to consolidating the regional integration process. Even though several issues may be identified as causes of the inefficiency of the integration scheme on the continent, this paper explores the effect of north south trade agreements, in this case the economic partnership agreements (EPAs), on regional integration processes in Africa.
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Nagu, Yakubu Idisire. "From OAU To AFCTA - Analysing The Prospects For Economic Development In Africa." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31066.
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On the 21st March 2018, leaders from across the African continent met at an extraordinary summit of the African Union (AU) in Kigali, Rwanda to sign a deal for the formation of an African continental free trade area (AfCFTA). This step is perhaps the biggest leap towards the age-long dream of cross-border economic integration on the African continent since the formation of the Organisation of African Unity (OAU) in 1963. With the continent’s population expected to hit the two billion mark in 2050, it seems the pact could not have come at a better time. Africa, the subject of the agreement, consists of fifty- five States which collectively, is a 1.2 billion people large market however possessing a joint GDP of only $2.5 trillion dollars. If negotiations are concluded, the African continent would have succeeded in the creation of the largest free trade area since the Marrakesh agreement which led to the WTO governed multilateral trading system. Today the top trading partners of African Union member States are non-African countries. Only twenty per cent of Africa’s total trade is with its continental neighbours, whereas an estimated eighty per cent of its trade is with other trading partners across the world. The African continental free trade initiative aims to shift the trade paradigm in this regard, in a way that will increase the region’s share of its internal trade and consequently lead to growth and development. It is against this background that this work assesses the prospects of the new African Continental Free Trade Area (AfCFTA) towards meeting the goal of continental development. This research argues that the development integration approach is the most suitable option for the attainment of the ambitious goals of the initiative. In particular, the work explores the ways in which the new AfCFTA can manage the asymmetrical developmental needs of various African States. The research also assesses the dispute settlement mechanisms which are necessary to resolve friction which may arise as deeper levels of integration are attained.
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Mugangu, Marie Providence Ntagulwa. "Harmonising investment laws in the OHADA space." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15194.
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The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established for the purpose of restoring legal and judicial security in the region to attract more investment. The OHADA Treaty included certain areas of business law within its ambit but omitted investment law. There are several laws on investment in the region at the national, regional and sub-regional level that regulate the treatment of foreign investments such as CEMAC and UEMOA investment charters. Moreover OHADA states sign BITs to protect foreign investments. The relationship between the different sub regional laws on investment and OHADA is not yet clear but case law suggests that CEMAC and UEMOA courts recognise the supremacy of OHADA law and their lack of competence to hear matters regulated under OHADA. The standards of protection granted by OHADA states in BITs are very high thus taxing on them. This thesis suggests that OHADA states should either qualify these standards of protection or replace them with more specific provisions. The OHADA system of arbitration cannot effectively settle investment disputes arising out of a BIT leaving international arbitration systems such as ICSID as the best alternative to resolve investment disputes arising out of BITs.
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Harvey, Caitlin Megan. "Digital trade and development: A way forward for Africa at a continental and multilateral level." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31438.
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This paper argues that digital trade can benefit developing countries and result in substantial financial gains. The regulation thereof has been at the forefront of negotiations at the multilateral level and within regions of Africa. While developing economies do not typically reap the benefits of digital progression, this paper proposes that digital trade can be developed in such a way so as to prioritise the developmental considerations of Africa specifically. Through observing the progress of the WTO platform for digital trade, namely the Work Programme on Electronic Commerce, it is seen that the multilateral regulation of digital trade is a complex task. Developing country participation at this level is essential to the sustainable development of digital trade. Within Africa, there have been notable advancements in the regulation of digital trade, evidenced by the establishment of COMESA’s Digital FTA. The considerations for the advancement of digital trade for a developing continent are numerous as not only do the traditional barriers to trade still remain a primary concern but there is also the potential threat of furthering the existing digital divide that persists between the developing and the developed world. Therefore, the paper proposes that should Africa consider developing digital trade through AfCFTA (the African Continental Free Trade Agreement) digital trade in services should be prioritised ahead of digital trade in goods. This would help overcome Africa’s trade facilitation and development challenges and advance Africa’s position in the multilateral trading system.
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Ruiters, Jesse-Scott Ranier. "The impediment of non-conformity of goods, as an excuse under Article 79 of the United Nations Convention on contracts for the international sale of goods (CISG)." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16868.
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Includes bibliographical referencesThe focal area of research is to ascertain, if whether the delivery of non-conforming goods, may or may not exist as an excusable impediment under Article 79 of the CISG? To determine this I have taken a different approach, than that, of the more conventional approach of critiquing the prevailing arguments. Essentially by analyzing the commentary of the relevant Advisory Council Members as well as other major contributors to the debate, of which one argument finds its basis on legislative intent of the negotiating parties (Travaux preparatoires) and the other being ascertained on a purely textual interpretation of Article 79. In order to reach a more precise conclusion, the author of this dissertation has funneled these two arguments through the different interpretative methods of treaties to discern which of the two arguments should be regarded as the more appropriate choice, which should be adopted. The existing question therefore would be, should we find a definitive conclusion with the fact that negotiators to the Sales Convention have decided that the delivery of non-conforming goods should not be excused under Article 79? Or should we side with a purely textual approach? Based on the phrase 'failure to perform any of his obligation', the words "any" and "obligation" would consequently include the obligation of the seller to meet the level of conformity as expressed under the contract according to Article 35 of the CISG.
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Grunder, John Jay. "Brexit: The lead up to, and the repercussions of, Britain's proposed exit from the EU." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31371.
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Brexit is one of the most important events of the last decade, but it is still relatively poorly understood. This paper will look at the impact of Brexit, as well as analyse the development of British trade policy, in order to set out potential options for Brexit and a post-Brexit British trade policy. In order to understand Brexit in its full context, it is necessary to understand how British policy has fluctuated over the centuries, as well as look at the potential options for a Brexit deal and what these will mean for Britain going forward. As a relatively recent event, academic work on Brexit is relatively sparse, and previous work often fails to analyse it beyond its immediate impacts. By looking at a history of British trade policy; this paper aims to anaylse Brexit in the context of Britain’s frequent shifts in strategic priorities. Focusing on a review of the existing literature on British trade policy, and that on Brexit, this paper will look at the development of British trade policy, as well as Britain’s relationship with its primary partners (the United States, the EU, and its Empire), and set out both this history and the potential options for future British relationships and policy. While the exact outcome of Brexit is not yet known, this paper will set out some of the potential scenarios. Once Britain leaves the EU, it will have the chance to create its own trade policy independently for the first time in several decades. Although it may face resistance, there is an opportunity for Britain to grasp the chance to create a liberalized 21st century trade policy that caters for its services based economy. Implementing such a strategy could go a long way towards minimizing the inevitable negative consequences of Brexit.
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Boyce, Gizelle Marie. "An examination of whether the protection of Investment Act represents a successful alternative to bilateral investment treaties." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25200.
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The aim of this thesis is to examine whether South Africa's recently promulgated Protection of Investment Act represents a viable alternative to the bilateral investment treaty regime. In undertaking this examination, the bilateral investment treaty regime which preceded the Protection of Investment Act was first reviewed and some of the typical clauses found in these treaties were examined. Pursuant to this examination, the Foresti arbitration, through which a group of Italian and Luxembourgish investors challenged South Africa's affirmative action measures in the mining industry on the basis of the bilateral investment treaties that South Africa had entered into, was then introduced. The author examined the claim made in Foresti, South Africa's response and the final award. The next Chapter then turned to the effects of the Foresti arbitration, which set in motion South Africa's review of the BITs it had entered into, and then the eventual termination of these BITs and replacement with the Protection of Investment Act. In answering the central question of this thesis, a clause by clause analysis of the Protection of Investment Act was conducted in order to determine whether that Act is able to satisfy the deficiencies highlighted in the BIT review pursuant to Foresti. In conducting this analysis, the author highlighted some notable omissions in the Protection of Investment Act. Through this review and comparison, it was concluded that the Protection of Investment Act fails as a viable alternative to the bilateral investment treaty regime for a number of reasons, and in particular for crystallising the flawed BIT regime through a legislative savings provision. A better alternative for South Africa would have been renegotiating historical BITs based on a Model BIT incorporating the necessary amendments to rectify the perceived BIT limitations as highlighted in South Africa's BIT review.
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Hügens, Jonathan. "A Comparative Analysis of Legal Frameworks for Investments in Africa by China and the European Union." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32752.
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This thesis presents a comparative analysis of the legal investment frameworks of the European Union and China in African countries. The thesis reviewed financial instruments of foreign direct investments, official development assistance and other official flows. The legal analysis focus on the demand on political conditions to access the financial assistance; under which conditions are the projects tendered; and which labor standards set the parties while the project is implemented. All reflected under the aspect of the fairest condition for African countries. The comparison figured out that the European Union with its demands for the implementation of human rights, democracy and the rule of law facing certain reluctance of most African governments for a full implementation while contrary to that the OneChina principle is broadly acknowledge by African governments to gain investments. When projects are tendered the research presents that the European Union searches for local and regional providers to strengthen African businesses. This with guidelines for core labor laws based on human rights when it comes to the implementation. While China tenders with a strong commercial self-interest and does not set any labor standards relaying on local laws and showing limited interest and understanding when it comes to implementation.
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Marchand, Paul R. "The export development corporation : catalyst in Canada's promotion of international trade." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64491.
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Roy, Rohit. "Environmental standards in world trade : a study of the trade-environment nexus, disadvantages of the unilatereal imposition of standards and mutual recognition as an alternative." Thesis, Cardiff University, 2015. http://orca.cf.ac.uk/95392/.
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This thesis explores the trade related aspects of environmental standards. It assesses the potential for trade related conflict between Developed and Developing countries arising out of Unilateral Environmental Action (UEA). Furthermore it analyses the concept of Mutual Recognition (MR) and Mutual Recognition Agreements (MRAs) to understand how the inherent characteristics may potentially be utilized to reduce friction in international trade while implementing standards. The thesis also looks at the WTO compatibility of environmental standards, UEAs and MRAs. It uses a “Black Letter” methodology of doctrinal analysis, concentrating on doctrinal principles associated with the transnational governance of environmental standards and includes the analysis of statutes and cases of the WTO.
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Nash, Brett Jason. "Confluence of the law of fresh water resources and international trade : do Canada’s international trade obligations apply to Canada’s fresh water resources?" Thesis, University of British Columbia, 2016. http://hdl.handle.net/2429/57777.
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This thesis explores whether international trade rules apply to Canada’s fresh water resources. In order to determine if international trade rules apply, in particular the rules contained in GATT 1947, GATT 1994, and NAFTA, three questions are posed by the author. The first question focuses the enquiry on the legal characterization of fresh water resources in the selected international legal instruments to determine the obligations contained in the trade agreements apply. The second question is, if the first question cannot be answered, what other interpretive tools can be employed to come to an answer. Finally, the third question is, if international trade obligations apply the the bulk export of fresh water resources, are there any exemptions which can be employed to limit or prohibit the bulk export of the resource. In order to answer these questions, the author applies a traditional legal doctrinal analysis. This provides a method of analyzing the legal texts of the international agreements and other legal materials in an orderly and systematic manner. Using this methodology, the author engages with the primary materials to determine the ordinary meaning of the words and phrases used in the texts. In addition to the analysis of the legal texts, the author reviews the history of the development of Canada’s international trade and foreign policy through the lens of the international relations theory of exogenous shock. By using the theory of exogenous shock as an interpretive aid, the author is able to provide justification in concluding that the preferred interpretation that Canada’s international trade obligations found in GATT and NAFTA do not apply to Canada’s fresh water resources.Law, Peter A. Allard School of
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