Dissertations / Theses on the topic 'International Law (excl. International Trade Law)'
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Pappalardo, Kylie M. "A tort law framework for copyright authorisation." Thesis, Australian Catholic University, 2016. https://eprints.qut.edu.au/102226/1/Kylie%20Pappalardo%2C%20A%20Tort%20Law%20Framework%20for%20Copyright%20Authorisation.pdf.
Full textAlexander, 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.
Full textZhang, 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.
Full textIvanova, Anna Todorova. "Legal personality of artificial intelligence under international law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31586.
Full textLiu, Guojin. "Finance leasing in international trade." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/741/.
Full textChaves, 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.
Full textChen, 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.
Full textKhanum, Farjina. "Trade and environment : striking a balance in international law." Thesis, University of Nottingham, 2012. http://eprints.nottingham.ac.uk/14363/.
Full textFarrell, 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.
Full textJacobs, Faizel. "Concept and evolvement of Chinese Contract Law." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19740.
Full textShields, 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.
Full textHagedorn, 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.
Full textThe 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.
Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.
Full textGalloway, Jonathan. "The three faces of international antitrust, and the paradox for international merger control." Thesis, Connect to e-thesis to view abstract. Move to record for print version, 2007. http://theses.gla.ac.uk/7/.
Full textPh.D. thesis submitted to the School of Law, Faculty of Law, Business and Social Sciences, University of Glasgow, 2007. Includes bibliographical references. Print version also available.
Messenger, Gregory. "The development of WTO law in light of transnational influences : the merits of a causal approach." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2b2214c2-6e83-44cd-bc07-bd0bf2999dc8.
Full textMagklasi, Ioanna. "The impact of the Rotterdam Rules on International Trade Law." Thesis, University of Southampton, 2014. https://eprints.soton.ac.uk/368505/.
Full textKaphuka, Samuel. "The SADC protocol on trade: a critical analysis." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19788.
Full textLee, 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.
Full textSoto, 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.
Full textCette 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.
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.
Full textKim, 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.
Full textChun, 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.
Full textMuthee, 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.
Full textNangolo, 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.
Full textCser, 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.
Full textNsanta-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.
Full textThe 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.
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.
Full textMajatame, 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.
Full textThe 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.
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.
Full textSedki, 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.
Full textKhabo, 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.
Full textMusiba, 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.
Full textThis 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.
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.
Full textEver 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.
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.
Full textThere 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.
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.
Full textHouston-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.
Full textAwinador-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.
Full textNagu, 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.
Full textMugangu, Marie Providence Ntagulwa. "Harmonising investment laws in the OHADA space." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15194.
Full textHarvey, 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.
Full textRuiters, 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.
Full textThe 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.
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.
Full textBoyce, 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.
Full textHügens, 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.
Full textMcKenzie, Fiona G. "Health and environmental protection in international trade law : bridging the gap." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/24153.
Full textHainsworth, 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.
Full textSchram, Ashley. "International Trade and Investment Agreements and Health: The Role of Transnational Corporations and International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35231.
Full textMarchand, 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.
Full textAllen, 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&.
Full textRoy, 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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