Thèses sur le sujet « Foreign trade regulation – Africa, North »

This thesis attempts to argue that a post-apartheid foreign policy will no longer be based on seeking legitimacy for the South African Government. Instead, it argues that if South Africa wants to grow, both domestically and nternationally, it will be imperative for it (South Africa) to move from an import substitution trade policy to an export-oriented trade policy. It is further suggested that the export-led strategy will be an important component for the promotion of South African international trade in the post-Cold War era. South Africa cannot improve the status of its trade regime by its own doing. It will require the support and assistance of international organizations and hence, the international community. Following the principles, rules and procedures of the General Agreement on Tariffs and Trade (GATT); it is argued, will help South Africa reconstruct its trade policies on the basis that they are free, fair and above all competitive. Furthermore, maintaining a constantly favourable relationship with the international community will allow easy access to international markets for South African goods and services, and eventually the smooth integration of the South African economy in the international political economy. This study, noting the importance of trade with a dedicated commitment to exports, concludes that although exports would flourish, there will be an immediate need for diplomats to be conversant with contemporary international trade developments. This would require diplomats to be innovative, steadfast and disciplined in their day-to-day negotiations. In the final instance, the role of trade in South Africa's future will ultimately be determined by its trade postures and the type of diplomacy to be used by its diplomats.

This thesis*, after presenting an overview of Mexico, examines the new business environment prevailing in Mexico focussing on the laws and regulations affecting foreign investments and and foreigners in Mexico. It then compares Mexico's foreign direct investment (FDI) regulations with those of Canada and the United States in relation to the Canada-U.S. Free Trade Agreement of 1988. Since Mexico's FDI concerns and policies are similar those of Canada, this comparison provides useful perspectives for a prospective analysis of acceptable FDI regulations in a North American Free Trade Agreement (NAFTA).
The adoption by Mexico of industrialized country standards and principles has led to the negotiation of a NAFTA between Canada, the United States and Mexico. Further investment liberalization will be a major part of the price Mexico will need to pay for the sucessful conclusion of NAFTA. Such liberalization will benefit Mexico's development provided that it retains a few of the prevailing restrictions and the legal means to implement future policies on investment, thus ensuring for itself a part of the benefits of FDI. (Abstract shortened by UMI.) ftn*This thesis encompasses all regulations in place before March 31, 1992.

This thesis examines the regulation of regionalism by the WTO and the formation and operation of regional trade agreements by developing countries. In particular, this work focuses on regional integration in Eastern and Southern Africa. The aim of the thesis is to assess the effectiveness of the relevant legal regimes and determine ways in which they can be made more effective, both in terms of their impact on state conduct and in terms of their impact on the economic welfare of the states concerned. The thesis argues that, with regard to the WTO legal regime, the exemption from the application of Article XXIV, GATT 1994 given to developing countries by the Enabling Clause has contributed to the lack of effectiveness of the WTO regime. For developing countries, on the other hand, the Enabling Clause has deprived them of the legal discipline required to establish effective free trade areas and customs unions. This latter argument is examined through a case study of the Common Market for Eastern and Southern Africa (COMESA). The thesis contends that for COMESA countries to engage in meaningful trade liberalisation, and to participate fully in the WTO, acceptance of greater legal discipline is critical. Such legal discipline can be obtained through compliance with Article XXIV.

The new South Africa has an amazing economic growth that creates a significant opportunity for international companies to start their businesses in South Africa. For those companies which are interested in the South African market, it is very important for them to understand the factors that influence their entry-mode selection. The objective of this study is to determine the main factors that have an impact on the decision of a foreign business to enter South Africa. To achieve this objective, the researcher used an integrated study method, as follows: {u10007A} A systematic review of the popular entry-modes and the main factors influencing the entry-mode selection, sourced from the relevant literature. In addition, South African business was also introduced. {u10007A} Based on the factors related in the literature, an empirical survey was completed by those foreign companies who had already successfully entered into South Africa, in order to figure out the rank importance of these factors. With an integrated study of literature and empirical research, the rank importance of factors that have an impact on the foreign business entry-mode selection in South Africa is as follows: 1. Firm’s product 2. Control level of entry-mode 3. Ownership of entry 4. Resource commitment of entry-mode 5. Political factor 6. Firm’s objective 7. Technological factors 8. Economic factors 9. Firm’s experience in international marketing 10. Firm’s size 11. Dissemination risk of entry-mode 12. Socio-cultural factors 13. Flexibility of entry-mode Key terms: International market entry-mode South African business environment.

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

Overall the conclusions drawn about South Africa’s negotiating style and tactics were arrived at by analysing a number of reports (that closely followed the evolution of the negotiations) and then paralleling this case study’s findings with the conjectures made by the theoretical frameworks (i.e. works by Putnam, Zartmann and Churchmann) about how negotiations proceed. In the final analysis, the findings of this case are intended to provide insight for the south about how to approach any future trade negotiations with the North (or more specifically with the EU).

Thesis (MScAgric (Agricultural Economics)--University of Stellenbosch, 2009.
The Doha Round of negotiations on the liberalisation of agricultural trade inherited complications from its predecessor - the Uruguay Round (UR). It needs to be noted, as one of the fundamental differences, that agriculture sectors in the developed countries of the Organisation for Economic Co-operation and Development (OECD) get support from their governments. In contrast to the situation, in the developing countries, agriculture is taxed to generate government revenue. The subsidies that farmers receive in the developed countries affect farmers globally through world prices (world prices depression). Therefore protection and greater subsidies should be not encouraged. As such, after a long time of preferential treatment, agriculture trade was tabled as a separate issue of negotiations at the UR and resulted to the round to be prolonged. However, one of the achievements of the UR was imposing of bound tariffs on agricultural products and determining tariff equivalence for non-tariff measures. Then, the Doha Round (DR) also known as the Doha Development Agenda (DDA) which is the first round to place development and focus strongly on agricultural liberalisation as a tool for development. International trade theory supports agricultural liberalisation, as negotiated in the DDA. Therefore, the DDA, in seeking more liberalised agricultural markets, continues a theoretically sound approach, as in the UR. The effects of liberalising agricultural trade in the DDA will differ across countries, whereas some will gain, others may loose, and the same situation is true for different sectors within an economy. The focus of the DDA on agriculture, as a tool of development, links well to the fact that agriculture in the developing countries accounts for a substantial share of their gross domestic products (GDPs) and exports. This situation, therefore, calls for a closer consideration of the possible impact of agricultural liberalisation in South Africa even though agricultural share of GDP is less than 4 percent.

Thesis (MA)--University of Stellenbosch, 2002.
ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.

Defence date: 21 January 1993
Examining Board: Prof. Roberto Barsotti (Università di Firenze) ; Renaud Dehousse (European University Institute, supervisor) ; Prof. Francis Snyder (European University Institute) ; Prof. Antonio Tizzano (Università di Roma) ; Prof. Joseph H.H. Weiler (Harward Law School)
First made available online: 2 August 2016

Thesis (Ph.D.)--York University, 2005. Graduate Programme in Political Science.
Typescript. Includes bibliographical references (leaves 406-423). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pNR11572

This study uses annual data for the period 1975-2014 for South Africa and Botswana, and 1979-2013 for Lesotho to examine empirically the impact of trade openness on economic growth in these three South African Customs Union (SACU) countries. The motivation for this study is that SACU countries are governed by the common agreement for the union that oversees the movement of goods that enter the SACU area. However, although these countries are in a com-mon union, they have quite different levels of development. Based on the country’s level of development, Lesotho is a lower middle-income and least developed country, whereas Botswana and South Africa are upper middle-income economies. Thus, these disparities in the levels of economic development of SACU countries i are expected to have different implications in relation to the extent to which trade openness affects economic growth. It is within this background that the current study seeks to examine what impact trade openness has on economic growth in each of the three selected countries. To check the robustness of the empirical results, this study uses four equations based on four different indicators of trade openness to examine the linkage between trade openness and economic growth. While Equation 1, Equation 2 and Equation 3 employ trade-based indicators of openness, Equation 4 uses a modified version of the UNCTAD (2012a) trade openness index that incorporates differences in country size and geography. Using the autoregressive distributed lag (ARDL) bounds testing approach to cointegration and error-correction modelling, the study found that the impact of trade openness on economic growth varies across the three SACU countries. Based on the results for the first three equations, the study found that trade openness has a positive impact on economic growth in South Africa and Botswana, whereas it has no significant impact on economic growth in Lesotho. Based on Equation 4 results, the study found that after taking the differences in country size and geography into account, trade openness has a positive impact on economic growth in Botswana, but an insignificant impact in South Africa and Lesotho. For South Africa and Botswana, the main recommendation from this study is that policy makers should pursue policies that promote total trade to increase economic growth in both the short and the long run. For Lesotho, the study recommends, among other things, the adoption of policies aimed at enhancing human capital and infrastructural development as well as the broadening of exports, so as to enable the economy to grow to a threshold level necessary for the realisation of significant gains from trade.
Economics
Ph. D. (Economics)

The South African Clay Brick Industry has experienced major change in the last 9 years. Industry driving forces such as globalization, low industry growth rates and government policy changes have affected the local industry as have the bank interest rates and the relative weakness of the SA currency. These industry-driving forces have resulted in a number of local producers undertaking exports of products. The research underlying this report had a threefold objective: a) To identify the key factors affecting the sustainable export of clay products by SA producers. b) To evaluate the key factors affecting the sustainable exports of products by SA producers. c) To utilize the information gathered to identify the critical success factors that support or discourage export development in the Clay brick Industry. The key factors were also used to develop a export success model and assist the aspiring exporter through the process. In order to research the key success factors, it was necessary to firstly analyze modern business strategy and evaluate the chosen strategy. Thereafter, an industry analysis was carried out and the present situation within the industry evaluated. Research was conducted by means of a questionnaire and selected interviews with the industry. The results from the research make it possible to reach conclusions regarding critical success factors and specific factors that will assist the industry in its export drive. The research also identified a host of government -sponsored export incentives that will support the industry in growing exports. Finally, a number of recommendations were made that will go a long way in addressing industry challenges.
Thesis (MBA)-University of Natal, Durban, 2003.

This research analyses the impact and materiality of South Africa’s choice not to ratify the CISG on its trade as well as relations with other states. As the point of departure, the broader events leading up to the creation of the CISG will be examined as well as UNCITRAL’s mandate and the development of trade in the local and global context. At present, the CISG has been ratified by 85 states. The decisions by common law jurisdictions such as the UK and India not to ratify the CISG as well as the delay by Brazil and Japan will be discussed. The legal, business and political or policy reasons for and against the ratification of the CISG are investigated which focuses on aspects such as legal certainty, uniformity of laws and the reduction of legal costs. An investigation is carried out regarding the historical foundations of the South African law of contract to this framework sets the tone for a comparison between the South African law and the provisions of the CISG. Lastly, a comparison is drawn between the provisions of the CISG and the South African law with specific emphasis on the remedies of specific performance and the right to claim damages which culminates in an overall conclusion that the South African law is compatible with the CISG insofar as remedies for breach of contract are concerned.
Mercantile Law
LL. M. (International Economic Law)

It is universally acknowledged that international trade and cooperation have become key drivers of SMEs. Indeed, the success of SMEs in the sales sector depends upon their capacity to conquer the foreign market and compete with larger companies. Many SMEs today, in particular those in Central and West Africa, are very much aware of this reality. However, because of differences between domestic laws and their maladjustment, many African SMEs still struggle to enter the international market and compete with larger companies. It is therefore obvious that any SMEs that want to succeed in international commerce today will be called upon to confront different regulations, whether domestic, regional or international, which are often shaped according to the realities and expectations of a particular environment. The challenge today is to regulate and harmonise these different legal systems, in order to render the law identical in numerous jurisdictions. This process of unifying the law internationally, in particular the law of sale, started in 1920 and culminated in 1988, with the implementation of the CISG. This Convention, which has become the primary law for international sales contracts, endeavours to deal with this problem of differences in law between states on a global scale, by attempting to achieve a synthesis between different legislations, such as civil law, common law, socialist law, and the law regarding industrialised and Third World countries. Even though the CISG appears to be a compromise between different legal systems, the fact remains that it is not yet applicable in many countries, especially those in Central and West Africa, which are mostly still ruled by domestic and regional law, namely the OHADA. The purpose of this study is to attempt to analyse and compare the OHADA’s Uniform Act Relating to Commercial Law to the CISG, in order to identify similarities and differences between the two, and to determine, with regard to the operating mode and structure of SMEs in West and Central Africa, which one of the two legislations is more appropriate.
Private Law
LL. M.