Thèses sur le sujet « Foreign trade regulation – Political aspects »

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.

The main objective of this paper was to explore and evaluate the viability of incorporating the promotion, enforcement and protection of human rights within the WTO agenda, mandate and framework. It further aimed to investigate the viability of accelerating multilateral cooperation amongst international major role players, thus assessing and evaluating the kind of cooperation necessary for the adequate protection and enforcement of human rights by the WTO and major role players involved.

This study unveiled the trade-environment debate which has been revolving in the World Trade Organization for quite a long time now. While economic integration and trade liberalization offer the promise of growth and prosperity, environmentalists fear that free trade will lead to increased pollution and resource depletion. On the other hand, free traders worry that over-reaching environmental policies will obstruct efforts to open markets and integrate economies around the world. Trade liberalization has the potential to affect the environment both positively and negatively. Trade and environment tensions have therefore emerged as a major issue in the debate over globalisation. This paper examined the contours of these tensions and argued that trade policy and environmental programs can be better integrated and made more mutually supportive.

Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Political Science, 2005.
Title from title screen (viewed July 6, 2007). Includes bibliographical references (p. 333-362). Also issued in paper format.

The present thesis deals with the international legal consequences of the Biosafety Protocol. If this Protocol answers the problem of GMOs, by enforcing the application of the precautionary principle to the international trade of genetically modified organisms (GMOs), it does not solve the conflict between the interests of trade and those of the environment. On the contrary, the Biosafety Protocol conflicts with the rules of the GATT and the national norms inspired by it would risk being contested before the dispute-settlement institutions of the World Trade Organisation. The Protocol therefore constitutes a new element in the conflict, pre-existing and unsolved, which sets the implicit supremacy of the GATT against the international environmental norms. It confirms the necessity to find a solution enabling the equal authority and mutual respect of the international environmental and trade rules.
All information is correct as at 14 November 2000.

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

Thesis (MA)-- Stellenbosch University, 2014.
ENGLISH ABSTRACT: The interplay between political risk and emerging markets is current and dynamic. As global interest shifts, investors cannot ignore emerging market behaviour and their influence. However, with great potential and opportunities, too comes great political risk. This research study begins with the point raised by the Eurasia Group that emerging market risk differs to that of developed market risk, and that risk in some instances can be ‗unbounded‘. Subsequently, the Eurasia Group deems emerging markets a top risk for 2013. Focussing on the oil and gas industry in emerging markets, Nigeria and Mexico offer valuable case studies. This research study offers a comparative study of these two countries in order to determine a generic list of political risk factors that are facing the oil and gas industries in emerging markets. In an increasingly volatile world, with a growing global demand for energy sources, and greater uncertainty surrounding investments and potential returns, political risk analysis is an invaluable decision-making tool for Transnational Oil Corporations (TNOCs) in order for their assets and interests to be protected. The central research question concerns the main political risk factors facing investors who want to participate in the oil and gas industry in emerging markets. The aim of the research study is to answer the central research question through the help of supplementary questions. The first of these ask what the main political risk factors for TNOCs operating in the Niger Delta are. The second question asks what the main political risk factors for TNOCs operating in the Gulf of Mexico are. So as to complete the political risk picture, the last question asks how political risk in the oil and gas industry can be mitigated. This research study will contribute to existing research, and will assist investors with risk identification, analysis and mitigation. By utilising the generic list of essential political risk factors, TNOCs are made aware of the most salient political risks in the oil and gas industry in emerging markets, and therefore are better placed to make rational and informed decisions when it comes to foreign investment.
AFRIKAANSE OPSOMMING: Die wisselwerking tussen politieke risiko en opkomende markte is intyd en dinamies. Soos globale belange verskuif, kan beleggers nie die opkomende markte se gedrag en invloed ignoreer nie, alhoewel met groot potensiaal en geleenthede kom daar ook groot politieke risiko. Die navorsingstudie het begin met die Eurasia Groep wat uitgelig het dat opkomende markrisiko verskil van die van ‘n ontwikkelde mark en dat die risiko in sekere gevalle ―ongebonde‖ kan wees. Gevolglik is opkomende markte as ‘n top risiko vir 2013 geklassifiseer. Met ‘n fokus op die olie- en gasindustrie in opkomende markte, bied Nigerië en Mexiko waardevolle gevallestudies. Die navorsingstuk bied ‘n vergelykende studie van dié twee lande met die doel om ‘n generiese lys van politieke risikofaktore wat die olie- en gasindustrie in opkomende markte in die gesig staar, vas te stel. In ‘n toenemende onstabiele wêreld met ‘n toenemende globale aanvraag vir energiebronne en groter onsekerheid rakende beleggings en potensiële opbrengs, is politieke risiko-analise ‘n waardevolle besluitnemings-meganisme vir Trans-Nasionale Oliekorporasies (TNOKs) om hul bates en belange te beskerm. Die sentrale navorsingsvraag fokus op die hoof politieke risikofaktore vir beleggers wat in die olie- en gasindustrie van opkomende markte wil belê. Die doel van die navorsingstudie is om die sentrale navorsingsvraag te beantwoord met behulp van aanvullende vrae. Die eerste vraag raak die hoof politieke risikofaktore vir TNOKs aan wat in die Niger-Delta opereer. Die tweede vraag handel oor die hoof politieke risikofaktore vir TNOKs wat in die Golf van Mexiko opereer. Die laaste vraag voltooi die politiese risiko profiel deur te vra hoe die politieke risiko in die olie- en gasindustrie verminder kan word. Die navorsingstudie sal bestaande navorsing aanvul en beleggers help om risiko‘s te identifiseer, analiseer en verminder. Deur ‘n generiese lys van politieke risikofaktore te gebruik, word TNOKs bewus gemaak van die mees prominente politieke risiko‘s in die olie- en gasindustrie van opkomende markte, wat hulle in staat stel om rasionele en ingeligte besluite te neem wanneer dit by internasionale beleggings kom.

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

Thesis (PhD)--Stellenbosch University, 2000.
ENGLISH ABSTRACT: This study attempts to overcome past failings in the analysis of post-apartheid South Africa's foreign policy. In contrast to "explanations" offered by most previous analyses, this work demonstrates that the behaviour exhibited by Pretoria is not immutable or simply subject to the global "realities", but is derivative of the specific historic conjuncture of forces that joined together during the transition from apartheid, and which remain open-ended. The changes in the African National Congress' economic and political policies during the transition period are seen as the key to any attempt to understand Pretoria's post-1994 foreign policy behaviour. This is intimately connected to the structural changes in the international political economy and the change in the balance of international class forces brought about by the neo-liberal counter revolution. Deploying a theoretical framework derivative of the work of the Italian Marxist, Antonio Gramsci, this study situates South Africa's foreign policy in a world where the ideology of neo-liberalism has achieved hegemonic status amongst the transnational elite class - fractions of national elites, representing and reflecting the interests of money capital. Such a hegemonic project informs the beliefs of the Government of National Unity and the subsequent foreign policy activities postured by Pretoria. This study attempts to understand how and why the ANCacceded to the dominant discourse of neo-liberalism and why this must be contextualised within the structural constraints brought to bear upon the GNUin an increasingly globalised world. This accession to neo-liberal beliefs has gIVen nse to contradictions within the domestic polity between contending class fractions and within the ANC'sown ranks. This has provoked a fundamental tension in Pretoria's overall foreign policy, where on the one hand South Africa accepts the fundamental normative world order, whilst on the other pushes various reformist initiatives which seek to re-negotiate Pretoria's standing within this framework. Specifically, South Africa's behaviour in multilateral organisations has been marked by a tactical middlepowermanship role, essentially problem-solving, which seeks to smooth out the international system so that the ongoing world order may function as "efficiently" as possible. Such behaviour has been qualitatively different from the activist role that was expected from an ANC-led administration. Indeed, the activism exhibited by South Africa has been largely centred around the promotion of the liberalisation of markets and free trade, albeit tempered by an awareness of the need to reconcile its acceptance of the hegemonic order, with that of the appeals of a historically important fraction of its support constituency: the Left and labour. Attempts to reconcile these two positions, of promoting "free" trade whilst at the same time demanding "fair" trade for example, mirror the broader contradictions that have been evident in South African foreign policy. They reflect the historic compromise that saw the ANCcome to administrative power, and also the desire by the government to balance its neo-liberal credentials with certain reformist convictions. This has been most evident in Pretoria's behaviour in multilateral organisations. SLXmultilateral initiatives, and Pretoria's role within each, are examined: the World Trade Organisation, the Cairns Group, the United Nations Conference on Trade and Development, the Non-Aligned Movement, the Commonwealth, and the Nuclear Non-Proliferation Treaty. Implications for future South African foreign policy are drawn out, and a critical eye cast on whether such roles played out by Pretoria are immutable, or subject to change.
AFRIKAANSE OPSOMMING: Hierdie studie poog om vorige tekortkominge in die analise van post-apartheid Suid-Afrika se buitelandse beleid te oorkom. In teenstelling met die "verduidelikings" wat deur meeste vorige analises gebied word, illustreer die werk dat Pretoria se buitelandse gedragspatroon nie onveranderlik is en bloot onderhewig is aan die globale "realiteite" nie, maar voortvloei uit die besondere historiese tydsgewrig van magte wat saamgevoeg is gedurende die oorgang van apartheid na 'n onvoorspelbare era. Die veranderinge binne die African National Congress se ekonomiese en politieke beleid gedurende die oorgang periode word voorgehou as die sleutel tot enige poging om Pretoria se post-1994 buitelandse gedrag te verklaar. Strukturele veranderinge in die internasionale politieke ekonomie en die veranderinge in die magsbalans tussen internasionale klasse as gevolg van neo-liberalisme, het 'n fundamentele impak op die aard van hierdie buitelandse gedrag. Met behulp van 'n teoretiese raamwerk gedistilleer uit die werk van die Italiaanse Marxis, Antonio Gramsci plaas die studie Suid-Afrika se buitelandse beleid in 'n wêreld waarin die neo-liberale ideologie hoogty vier veral onder die transnasionale elite klas - fraksies van nasionale elites verteenwoordigend van die belange van finansiële kapitaal. Sodanige hegemoniese projek onderlê die oortuiging van die Regering van Nasionale Eenheid (RNE) en voortvloeiende buitelandse beleidsaksies. Die studie probeer vasstel hoe en waarom die ANC toenemend gehoor gegee het aan die oorheersende neo-liberale diskoers en waarom hierdie toetreding gekontekstualiseer moet word in terme van die strukturele beperkinge waaronder die RNE onderhewig is in 'n immerglobaliserende wêreld. Hierdie toetrede tot neo-liberale oortuiginge het aanleiding gegee tot teenstrydighede intern, tussen strydende klasfraksies asook binne die ANC se eie geledere. Hierdie teenstrydighede word ook weerspieël in Pretoria se buitelandsebeleids aksies in die algemeen. Aan die een kant aanvaar Suid- Afrika fundamenteel die normatiewe basis van wêreldorde, terwyl daar ook aan die ander kant gepoog word om Pretoria se posisie binne hierdie wêreldorde te bowe te kom. Suid-Afrika se gedrag in multilaterale organisasies in die besonder word gekenmerk deur 'n taktiese intermediêre rol ("middlepower role") hoofsaaklik van 'n probleem-oplossende aard, wat daarop gemik is om die internasionale sisteem so glad moontlik te funksioneer en teenstrydighede binne die wêreldorde te oorkom. Hierdie rol konstitueer 'n fundamentele wysiging van die aktivistiese rol wat van 'n ANC-regeerde Suid-Afrika verwag is. Die aktiwiteite wat wel deur Suid-Afrika geopenbaar is, sentreer hoofsaaklik om die bevordering van vrye en regverdige handel, alhoewel gerigsnoer deur 'n bewustheid van die behoefte om sodanige posisie te versoen met die aanvaarding van die bestaande hegemoniese orde aan die een kant en die eise van arbeid en politieke steun aan die Linkerkant van die politieke spektrum. Pogings om hierdie twee posisies te versoen - om "vrye" sowel as "regverdige" handel te versoen byvoorbeeld, weerkaats die algemene teenstrydighede waardeur Suid-Afrikaanse buitelandse beleid gekenmerk word. Die paradokse is tekenend van die historiese kompromie wat tot die ANC se bewindsoorname aanleiding gegee het asook die regering se behoefte om sy neoliberale orientasie te balanseer met bepaalde hevormingsoortuiginge. Hierdie patroon is besonder merkbaar in die geval van multilaterale organisasies. Ses multilaterale inisiatiewe en Pretoria se verhoudinge met elk van die volgende internasionale organisasies word van naderby bekyk, veral ten opsigte van die Wêreldhandelsorganisasie, die Cairns Groep, die Verenigde Nasies Konferensie oor Handel en Ontwikkeling, die Onverbonde Beweging, die Statebond en die Kernspêrverdrag. Daar word gewys op die implikasies vir Suid- Afrika se buitelandse beleid, terwyl daar krities gevra word of sodanige rolle wat deur Pretoria gespeel word, 'n bepaalde onveranderlikheid geniet of ook onderhewig is aan veranderinge.

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

This study investigates the use of discretion by oil and gas companies in reporting financial performance and oil and gas reserve estimates during times of high political scrutiny resulting from increases in energy prices. Hypotheses tested in prior literature state that companies facing the risk of increasing taxes or new regulations reduce reported earnings to reduce this risk. This study uses a measure of high profitability (rank order of return on assets relative to industry peers) to identify oil and gas companies more likely to manage earnings during the period from 2002 to 2008. Two measures of discretionary accruals (total and current discretionary accruals), and a measure of discretionary depreciation, depletion, and amortization (DDA) were used as indicators of discretion exercised in reporting earnings. Data on oil and gas reserve disclosures was also hand-collected from Forms 10-K to investigate whether managers use reserve estimate revisions to reduce reported earnings through increasing the annual depletion expense. Results suggest that both oil and gas refining and producing firms use negative discretionary accruals to reduce reported earnings. Results also indicate that profitability is an important determinant of the use of negative discretionary accruals by these companies regardless of the time period examined. There is also evidence that oil and gas producing firms opportunistically revise their oil and gas reserve estimates to increase depreciation, depletion, and amortization expense during periods of high oil prices.

Thesis (MA)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: As the wave of globalisation sweeps across the countries of the world, the economies of these countries are increasingly opening. The industrial and trade strategy approach is shifting to greater openness due to the pressures of international competitiveness. This means that domestic economic activity alone cannot sustain the national economy. One of the features of this openness is trade liberalisation. Trade between various countries is becoming more important as a way of earning foreign currency to address balance of payment problems and as well as to boost the domestic economy. This has great potential, in the long run, to generate employment opportunities. Immediately after South Africa ushered in a democratic dispensation in 1994 it had to contend with global pressure to liberalise its trade and put in place economic fundamentals that synchronize with the global economic order. The political economy of global trade structure is characterized by bargaining power inequalities amongst the developed countries (North) and the developing countries (South). Trade relations between the developed and developing countries has ~ element of power-play that advantage developed countries and the terms of trade are still skewed in favour of developed countries due to the power that developed countries wield in the global economic system. This study uses the structuralist development theoretical perspective (dependency theory) and the combination of qualitative and quantitative paradigms in understanding the trade relations between the developed countries. The study, through this theoretical paradigm, seeks to examine the degree of success or failure of the Uruguay Round of trade negotiations in particular with regard to tariff reduction commitments, and opportunities or constraints created thereof. A case study oftextile and clothing industry will be used, and this will highlight some of the negative implications of the Uruguay Round commitments.
AFRIKAANSE OPSOMMING: Namate die globaliseringsgolf oor die lande van die wereld spoel, word die ekonomiee van die lande meer toeganklik vir ander state. Die industriele en handelsstrategie benadering het, as gevolg van intemasionale mededinging, 'n klemverskuiwing na meer openheid meegebring. Dit het tot gevolg dat huishoudelike ekonomiese aktiwiteit nie alleen 'n ekonomie kan onderhou nie. Een van die kenmerke van hierdie openheid is die liberalisering van handel. Handel tussen state word toenemend belangrik vir die verdien van buitelandse valuta om betalingsbalans probleme aan te spreek, asook om plaaslike ekonomiee te stimuleer. Oor die lang termyn hou dit groot potensiaal in om werksgeleenthede te skep. Onmiddelik na demokratisering in 1994 was Suid-Afrika geforseer om sy handel te liberaliseer en sy ekonomiese grondslag te sinchroniseer met die globale ekonomiese orde, Die struktuur van die politieke ekonomie van intemasionale handel word gekenmerk deur ongelykhede tussen die ontwikkelde Noorde en die ontwikkelende lande van die Suide. Handelsbetrekkinge tussen ontwikkelde- en ontwikkelende lande bevat 'n element van magspel waarin eersgenoemde bevoordeel word. Hierdie studie maak gebruik van die strukturalistiese ontwikkelingsperspektief en 'n kombinasie van kwalitatiewe en kwantitatiewe paradigmas, ten einde 'n beter begrip te verkry van handel tussen ontwikkelde lande. Deur middel van die teoretiese paradigma, probeer die studie om die werkbaarheid van die Uruguay Ronde, spesifiek · met betrekking tot tarief verlagings en die geleenthede of beperkings wat daardeur geskep word, aan te toon. 'n Gevallestudie van die tekstiel en klerebedryf sal gebruik word om die negatiewe implikasies van die Uruguay Ronde te belig.

At the request of the United States Government, effective as of April 1, 1981, the Japanese began voluntarily restraining exports of automobiles to the United States to provide the U.S. automobiles industry with a period of time to make the necessary adjustment to become more competitive with imports.

It is the purpose of this paper to examine the impact of the VER, particularly the costs to consumers and the benefits to U.S. producers, quota rents captured by the Japanese producer during 1981-84 will also be examined.

Between 1981 and 1984 the Voluntary Export Restraint Agreement cost the U.S. economy $8.4 billion. In terms of increases in the cost of purchasing a car, the estimate ranges between $95 in 1981 to as high as $241 in 1984. E During the four years of the VER, the consumer costs : amounted to $8.9 billion. Meanwhile, the U.S. producers of automobile benefited only $403 million as a result of the VER. If this benefit is translated to the number of jobs saved, it amounts to 29,000 jobs. Therefore, the consumer cost of creating each new job was $334,000.

As for the impact of VER on the Japanese producers, the result shows that the price effects of the VER has increased over the four years as the restrictive effect of the VER has intensified. During 1981, the VER added $733 to the price of each Japanese automobile, but by 1984, it was adding about $2,000.

Master of Arts

Thesis (MA)--University of Stellenbosch, 2002.
ENGLISH ABSTRACT: In October 1999 South Africa and the European Union (EU) signed a free trade agreement, the Trade Development and Co-operation Agreement (TDCA), which came into effect on 1 January 2000. The TDCA was developed to enhance bilateral trade, economic-, political- and social cooperation and consists of three components - the creation of a Free Trade Area between South-Africa and the EU, EU financial aid to South Africa through the European Programme for Reconstruction and Development (EPRD), and project aid. However, the EU, in an effort to secure the best possible deal for itself, often behave in its own interests (through the manipulation of the Wine and Spirits Agreement) during the negotiations for the TDCA. The goal of this study was to establish what exactly trademarks are, and what implications the EU's protection of intellectual property rights on wine and spirits trademarks will have on i) the South African wine industry, ii) whether South Africa could have exercised another option, iii) whether this action has created a precedent with which the EU can, in future, again force South Africa or any of its other developing trade partners to make concessions, and iv) who gains the most from the TDCA. The concludes that the EU, through the manipulation of the Wine and Spirits Agreement, left South Africa with no choice by to concede the use of the contested trademarks - something that has already taken its toll on the South African wine industry - in order to save the TDCA. This action created a precedent that the EU will, in future, again be in a position to threaten developing countries with the termination of an agreement should they fail to comply with its demands. Finally, the conclusion is made that even though the TDCA was created to assist South Africa with its reintegration into the world market, it will ultimately be the EU that benefits most from the agreement.
AFRIKAANSE OPSOMMING: Suid-Afrika en die Europese Unie (EU) het in Oktober 1999 In vryehandelsooreenkoms, die Trade Development and Co-operation Agreement (TDCA) onderteken, wat op 1 Januarie 2000 in werking getree het. Die TDCA is ontwerp om bilaterale handel-, ekonomiese-, politieke- en sosiale samewerking te bevorder en bestaan uit drie komponente, naamlik die skep van 'n vryehandelgebied tussen die EU en Suid-Afrika; finansiele steun deur die EU aan Suid-Afrika onder die European Programme for Reconstruction and Development (EPRD) en projekhulp. Die EU het egter dikwels in eiebelang opgetree (deur middel van die manipulasie van die Wyn- en Spiritus Ooreenkoms) tydens die onderhandelingsproses in 'n poging om die beste moontlike ooreenkoms vir homself te beding. Die doel van hierdie studie was om te bepaal wat presies handelsmerke is, en watter implikasies die EU se beskerming van intellektuele eiendomsregte aangaande wyn- en spiritushandelsmerke op i) die Suid-Afrikaanse wynbedryf sal he, ii) of Suid-Afrika 'n ander opsie kon uitoefen, iii) of hierdie aksie In presedent geskep het waarmee die EU Suid-Afrika of enige van sy ander ontwikkelende handelsvennote in die toekoms weer sal kan dwing om toegewings te maak, en iv) wie die meeste baat vind by die TDCA. Die studie het tot die gevolgtrekking gekom dat die EU deur die manipulasie van die Wyn- en Spiritus Ooreenkoms aan Suid-Afrika geen keuse gegee het nie as om die gebruik van die betwiste handelsmerke op te se - iets wat reeds die Suid-Afrikaanse wynbedryf geknou het - in 'n poging om die TDCA te behou. Hierdie optrede skep 'n presedent dat die EU voortaan in onderhandelings met ander ontwikkelende state weer kan dreig om die hele ooreenkoms te verongeluk indien daar nie aan sy eise voldoen word nie. In die laaste instansie is daar tot die gevolgtrekking gekom dat, alhoewel die TDCA daarop gemik was om Suid-Afrika te help met sy herintegrasie tot die wereldmark, dit uiteindelik die EU is wat die meeste daarby gaan baat.

The analysis of non-discrimination under Article III of GATT has shown weakness or flaws throughout more than fifty years. The language used by GATT/WTO panels and the Appellate Body in interpreting the two prongs of non-discrimination in the national treatment clause, namely, likeness and protection, lagged behind economic reality. The critical legal analysis carried out in here reveals, to some extent, this while offering a clearer and sounder analysis to non-discrimination based more on market analysis and its economic indicators.
Doctorat en droit
info:eu-repo/semantics/nonPublished

Orientador: Reginaldo Carmello Correa de Moraes
Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas
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Resumo: O presente trabalho tem como objetivo aprofundar o conhecimento acerca dos sentidos da atual ordem mundial vigente a partir do estudo da dinâmica conflituosa observada no território colombiano. Nesse sentido, toma como objeto central de sua reflexão a constituição de duas importantes regiões no interior do país, cujos contornos se definem pela presença de atividades econômicas de grande porte mediadas pelos movimentos guerrilheiros que, através do controle da circulação espacial nos espaços em questão, passam a impor uma organização peculiar e funcional aos interesses desses movimentos armados. As duas Regiões em questão, a Cocaleira e a Petrolífera, serão tomadas destarte em suas particularidades internas, para que posteriormente seja pensado o significado destes espaços na lógica do capitalismo contemporâneo, expandido ao nível global
Abstract: The objective of the present work is to deepen the knowledge concerning the directions of the current effective world-wide order from the study of the conflicting dynamics observed in the Columbian territory. In this direction, it takes as central object of its reflection the constitution of two important regions in the interior of the country, whose contours are defined by the presence of great economic activities mediated by the guerrila movements that, through the control of the space circulation in these regions, impose a peculiar and functional organization to the interests of these armed movements. The two Regions in question, the Petroliferous and the Coke one, will be taken in its internal particularities so that later the meaning of these spaces in the contemporary capitalism logic, expanded to the global level, can be thought
Mestrado
Política Externa
Mestre em Relações Internacionais

Defence date: 2 December 2005
Examining board: Prof. Ernst-Ulrich Petersmann, EUI (supervisor) ; Prof. Francesco Francioni, EUI ; Prof. Sheldon Leader, Essex University ; Prof. Giorgio Malinverni, Geneva University
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This dissertation examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the dissertation is an in depth analysis of the impact of international trade law rules on the protection and promotion of human rights, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more appropriately raised and adjudicated upon in WTO dispute settlement proceedings. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.

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)

Defence date: 18 January 2010
Examining Board: Marise Cremona (EUI, Law Department); Christopher Hill (University of Cambridge); Erik Jones (Johns Hopkins, Bologna); Pascal Vennesson (EUI/RSCAS, Supervisor)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The aim of the PhD Thesis is to ascertain whether the EU is able to exert a political influence through its international trade agreements. Since the Union has always been considered as an economic giant and a political dwarf at the global level, the objective is to evaluate whether the EU external trade may be considered as a useful tool to address the gap between its economic and political relevance. If the EU is effectively able to wiled a political influence through trade also beyond the neighbourhood area, where it uses the membership card chip, the EU might have a greater global role. The conceptual analysis of the Thesis is based on the distinction between the EU trade Power (i.e. Resources, Institutions and Values), EU trade Policy activity and its final Influence in order to disentangle the 'levers' from the 'leverage' exercised by the EU through its external trade policy. The potential for political influence of the EU ultimately relies on the ability to change the norms, beliefs, rules and regulations in EU partner countries, during and after the trade negotiations. The empirical side of the research focuses on two bilateral agreements: the EU-Mexico Partnership Agreement (2000), and the Free Trade Agreement (FTA) between the EU and South Korea (2009). Despite the strong differences between the case studies (in terms of their geographic location, production and export patterns, timing of the negotiations, etc.), Mexico and South Korea share four basic similarities: i) neither is an EU neighbouring country (i.e. the EU cannot use the membership card); ii) both are strongly dependant and receive their primary influence in economic, political and security terms from the United States; iii) both have strongly endorsed neoliberal and free market principles; and finally iv) each of them might be a potential gateway for the EU in its macro-region. Furthermore, Mexico and South Korea share also a more specific strategic value for the EU in three main respects. First, in both cases the rationale for EU to conclude the agreements was the same: economic and defensive vis-à-vis US previous trade agreements (the NAFTA and the US-South-Korea FTA). Second, the basic objectives of the EU in both countries tend to correspond to a great extent: the achievement of the commercial parity treatment of EU for its exporters vis-à-vis US’ exporters. Third, the overall political influence of the EU in the countries might thus be not only limited, but also fairly comparable. The theoretical structure and the empirical work highlight interesting indications. First, in terms of Power, neither the EU trade power, nor the conclusion of trade agreements is sufficient for the EU to exert, by default, a political influence in the countries considered. Second, in terms of Policy, during Peter Mandelson’s tenure as EC Trade Commissioner, the Union downsized the normative and political ambition of its external trade action in respect to the past, focusing on the achievement of commercial-parity objectives vis-à-vis other major global actors (i.e. a defensive trade strategy in relation to that of the US). Finally, in terms of Influence, both cases indicate that the EU has still a limited capacity to exert a political influence via its trade policy in nonneighbouring countries. Four main reasons help to explain this: 1) Internal institutional constraints within the EU; 2) The bilateral level of trade negotiation; 3) The weakness of EU’s Common Foreign and Security Policy and of its Common Security and Defence Policy; 4) The defensive rather than proactive global projection of the EU. The Thesis concludes that although the EU foreign economic policy can be a means to address the capability-expectations gap that affects the EU as an international actor, there is still ample scope to improve the EU political influence through trade in countries beyond the neighbourhood area in economic, political and/or normative terms.

M.A. (Political Studies)
Sub-Saharan African governments have long expressed their support for increased intra-African trade, but official statistics show that this type of trade. remains Iess than 5% of the total. The continued emphasis on establishing supranational organisations to direct regional trade Iiberalisation through. phased tariff reductions is symptomatic of the strategies dominating most. deliberations on regional integration. Despite the continuing proliferation of multilateral treaties, protocols and resolutions concerned with promoting regional trade, intra-African exchange has stagnated. Recorded barter in Africa's major sub-regional communities has not significantly increased between the late 1970's and today (Barad, 1990: 102). The reason for this absence of progress in the promotion of intra-African trade is most clearly expressed in the fact that Sub-Saharan Africa is experiencing its worst economic crisis to date. According to Williams (1993: 5-6) this crisis is manifested in foreign .debt, poverty and trade.deficits. These conditions are the result of the following: deteriorating terms of external trade, the rise in debt-servicing obligations relative to both export earnings and gross domestic product, climatic conditions such as drought, civil wars and regional disputes, the lack of infrastructure and the overvaluation of African currencies, government and privatesector corruption, and the inability of African states to respond to the oil crisis of 1979-1980. Naldi (1989: 2) adds the neglect of the agricultural sector, unfeasible . industrial programmes, and wasteful prestige projects as factors contributing to the economic crisis. African states have of necessity turned to the industrial nations of the First World for their image and development, since these communities have the technology and finances fundamental to development. This may be themain reason that 95% of all African trade occurs outside the African continent However, African leaders. have long recognised the need for closer regional ties as a way of overcoming the fragmentation of the continent, one of the major constraints on economic development. Ndulo (1992: 17) claims that the economic integration of Africa was the centr8llheme of the 1980 Lagos ?Ian of Action and numerous other high-level statements and reports on African policy and development strategy. Economic integration is perceived by many African states as the ultimate type of regional economic collaboration, and as a promising vehicle for enhancing economic and social development, This idea is reinforced by the relative success of integration in Western Europe and through the United States-Canadian Free Trade Agreement.

In recent years, the use of the mode of regional trade liberalisation has proliferated, while the multilateral talks through the WTO have proceeded slowly, resulting in a debate on the role of bilateral and multilateral trade liberalisation. This thesis aims to provide new insights to this debate by studying the welfare effects of different types of trade agreements and the equilibrium outcome(s) of trade negotiation. We apply the three-country and three-good “competing-exporters model" developed by Bagwell and Staiger (1999) as our basic trade framework. By comparing the equilibrium welfare of each country under different structures of trading blocs, we clarify the welfare impacts of each trade agreement. Then we model the process of trade negotiation as a trade negotiation game, in which each country endogenously decides whether to negotiate through multilateral or bilateral trade liberalisation. By solving the equilibrium of the game, the stable structure of trading blocs and the path(s) to reach it can be found. We start with a framework in which all countries are welfare maximising. We find that at the early stage of trade negotiation, a free trade agreement (FTA) is Pareto welfare improving, despite the fact that member countries benefit more than any non-member. Although being the hub is the best position, a spoke is in a worse position than being outside a single FTA. Thus, a “hub-and-spoke" structure cannot be achieved and the unique equilibrium outcome of trade negotiation is given by multilateral free trade (MFT) through a multilateral trade agreement (MTA). The welfare-maximising analysis is followed by the examination of cases in which each government is politically motivated. The political structure we use is similar to Ornelas (2005), which follows the basic framework developed by Grossman and Helpman (1995), emphasising the interaction between lobby groups representing the special interest of one industry and the government in their home country. We first consider a circumstance where the political pressures are only from the import- competing sector. It is then generalised to a case in which all sectors are allowed to lobby the local government. Furthermore, the analysis is extended into an asymmetric world that includes two big countries and one small country. Our results show that political economy forces usually reduce the likelihood of forming trade agreements and that when the political concerns are sufficiently large, all trade agreements can be prevented by political pressures. Also, our findings suggest that the option of bilateral FTAs does not cause an initially infeasible MFT to become feasible, while a previously feasible MFT is likely to be blocked by the option of FTAs. Thus, our thesis provides some evidence to support the argument that the formation of FTAs can be a “stumbling block" for global trade liberalisation.
Thesis (Ph.D.) - University of Adelaide, School of Economics, 2009

In recent years, the use of the mode of regional trade liberalisation has proliferated, while the multilateral talks through the WTO have proceeded slowly, resulting in a debate on the role of bilateral and multilateral trade liberalisation. This thesis aims to provide new insights to this debate by studying the welfare effects of different types of trade agreements and the equilibrium outcome(s) of trade negotiation. We apply the three-country and three-good “competing-exporters model" developed by Bagwell and Staiger (1999) as our basic trade framework. By comparing the equilibrium welfare of each country under different structures of trading blocs, we clarify the welfare impacts of each trade agreement. Then we model the process of trade negotiation as a trade negotiation game, in which each country endogenously decides whether to negotiate through multilateral or bilateral trade liberalisation. By solving the equilibrium of the game, the stable structure of trading blocs and the path(s) to reach it can be found. We start with a framework in which all countries are welfare maximising. We find that at the early stage of trade negotiation, a free trade agreement (FTA) is Pareto welfare improving, despite the fact that member countries benefit more than any non-member. Although being the hub is the best position, a spoke is in a worse position than being outside a single FTA. Thus, a “hub-and-spoke" structure cannot be achieved and the unique equilibrium outcome of trade negotiation is given by multilateral free trade (MFT) through a multilateral trade agreement (MTA). The welfare-maximising analysis is followed by the examination of cases in which each government is politically motivated. The political structure we use is similar to Ornelas (2005), which follows the basic framework developed by Grossman and Helpman (1995), emphasising the interaction between lobby groups representing the special interest of one industry and the government in their home country. We first consider a circumstance where the political pressures are only from the import- competing sector. It is then generalised to a case in which all sectors are allowed to lobby the local government. Furthermore, the analysis is extended into an asymmetric world that includes two big countries and one small country. Our results show that political economy forces usually reduce the likelihood of forming trade agreements and that when the political concerns are sufficiently large, all trade agreements can be prevented by political pressures. Also, our findings suggest that the option of bilateral FTAs does not cause an initially infeasible MFT to become feasible, while a previously feasible MFT is likely to be blocked by the option of FTAs. Thus, our thesis provides some evidence to support the argument that the formation of FTAs can be a “stumbling block" for global trade liberalisation.
Thesis (Ph.D.) - University of Adelaide, School of Economics, 2009

Diamonds are a symbol of love, purchased to celebrate marriage in many parts of the world. It is, therefore, a dark irony that the diamond trade has become linked with both warfare and human rights violations committed in African producer countries such as Sierra Leone and Angola. Graphic accounts of murder and mayhem, fuelled by the diamond black market, continue to emerge from the Democratic Republic of Congo, Cote d'Ivoire, Zimbabwe, and Angola, posing an existential threat to the multi-billion dollar industry. These human rights violations fall under the legal categories of war crimes, crimes against humanity and genocide, the most serious crimes under international law. In response to the grim reality of the blood diamonds trade, De Beers and other major corporate players joined with non-governmental organisations and national governments to create the Kimberley Process Certification Scheme in 2002. The objective of the Kimberley Process is to distinguish the legitimate rough diamond trade from the trade in diamonds linked to serious human rights abuses, known as 'conflict diamonds' or 'blood diamonds'. It involves a system of export and import certificates attesting to the 'clean' character of the rough diamonds traded, and is backed up by a peer review system to monitor compliance. The Kimberley Process has been supported through the regulatory action of national governments at the domestic level, as well as the United Nations Security Council and the International Criminal Court internationally. The first research question considered by this thesis is: (1) to what extent has the conflict diamonds governance system achieved its objectives? In response, it can be said that the conflict diamonds governance system has made significant progress in its core mandate. The quantity and value of the international legitimate diamond industry, once the very paradigm of secrecy, has become more transparent through publicly available Kimberley Process statistics. Based on these statistics, the Kimberley Process estimates that the blood diamond trade now constitutes less than one per cent of the world's rough diamond trade. However, it has not always been smooth sailing for the Kimberley Process, which has recently arrived in particularly stormy waters. The integrity of the system has been endangered by the seeming inability of the Kimberley Process to take appropriate action in the face of serious non-compliance by three important national government stakeholders, Venezuela, Zimbabwe and Angola. In short, commentators are asking whether the Kimberley Process 'lion' has forgotten how to 'roar'. The second research question is: (2) does an application of the networked pyramid regulatory model to the system provide descriptive or normative insights into its effectiveness? In considering both the relative success, and the current challenges facing the conflict diamonds governance system, important insights may be gained by looking at the system with reference to the networked pyramid regulatory model. Before applying the model the thesis suggests a modification, dubbed the 'dual' inetworked pyramid model', whereby the micro-regulatory system at the national level is seen as a networked pyramid within the greater networked pyramid of the international system. The relative success of Kimberley to date, when analysed against this theoretical hybrid of network and pyramid models, is largely linked to its self-conscious incorporation of insights from network theory. At the international level, the Kimberley Process can be seen as the central node, or command-centre, in which information is gathered, and regulatory action coordinated, from networks of corporations, national governments and non-government organisations. Its relative success to date can largely be attributed to a process of socialisation whereby big business as well as most national governments have become its key supporters. It is, however, in the theoretical domain of the regulatory pyramid that the Kimberley Process might find a way out of its current deadlock. Pyramid theory recognises the primacy of soft power, such as dialogue and socialisation, but demands escalation to more coercive measures where regulated parties are unresponsive or recalcitrant. It is suggested that improved procedures for managing 'serious non-compliance', combined with an agreed pathway to expulsion from the Kimberley Process in such cases, would bring the KP into better alignment with the pyramid model and help it to move out of the log jam in which it currently finds itself. Furthermore, a more defined pathway of escalation to the United Nations Security Council and the International Criminal Court would bolster the ongoing efficacy of the conflict diamonds governance system. A recommended mechanism for doing this would be to amend the Statute of the International Criminal Court to include a crime of trafficking in conflict diamonds, to be defined in terms of contravening a UNSC diamond embargo. Beyond breaking the current deadlock, the KP has an opportunity to reinvent itself by embracing the concept of 'development diamonds'. First suggested by NGOs, this label might be applied to diamonds from the informal sector which are not merely free from the taint of international crime, but also comply with other human rights standards, most notably freedom from child labour. A further modification to the 'dual networked pyramid model', assisted by insights from the 'pyramid of rewards' theoretical model, reveals that the KP has the chance to systematically ratchet up human rights, health, safety and environmental standards in the artisanal sector, thereby buttressing the industry against the return of blood diamonds.

The needs of the free trade regime and governments' legitimate regulatory aims in the area of public health protection conflict. Government health measures create barriers to free trade and are thus disciplined by the trade regime. This conflict is addressed in the rules of the World Trade Organization, in the Agreement on the Application of Sanitary and Phytosanitary Measures. This Agreement uses science to mediate the conflict. The reason for the reliance on science is the view that it provides a neutral, universally-valid discipline and that thus the results of testing health measures for scientific validity would be acceptable to both parties in a dispute. This uncritical approach towards science is called into question. An analysis of the relevant science-based disciplines of the SPS Agreement and their interpretation in WTO dispute settlement shows the flaws in this system. A re-evaluation of the WTO rules governing health regulation is called for.
Law
LL.M.

The needs of the free trade regime and governments' legitimate regulatory aims in the area of public health protection conflict. Government health measures create barriers to free trade and are thus disciplined by the trade regime. This conflict is addressed in the rules of the World Trade Organization, in the Agreement on the Application of Sanitary and Phytosanitary Measures. This Agreement uses science to mediate the conflict. The reason for the reliance on science is the view that it provides a neutral, universally-valid discipline and that thus the results of testing health measures for scientific validity would be acceptable to both parties in a dispute. This uncritical approach towards science is called into question. An analysis of the relevant science-based disciplines of the SPS Agreement and their interpretation in WTO dispute settlement shows the flaws in this system. A re-evaluation of the WTO rules governing health regulation is called for.
Law
LL.M.

Trade unions have been in existence for many years. Although their introduction was generally met with resistance, since their establishment trade unions have been important agents of social change worldwide. Over the years, trade unions have been involved in politics and other societal activities. In South Africa, trade unions for many years not only fought for worker’s rights within the workplace but also beyond the workplace. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Although the main purpose of trade unions is to regulate relations between employees and their employers, trade unions perform other functions in society which can be broadly referred to as their social responsibility role. Unlike corporate social responsibility, which is recognised and formalised, trade union social responsibility is not, with the role and importance of social responsibility for trade unions having been largely ignored. This thesis aims at changing this by investigating their core responsibilities and their social responsibilities and subsequently making recommendations on how trade unions could recognise and accommodate their social responsibilities in their activities. It also considers factors that could assist trade unions in fulfilling their social responsibilities. Trade unions generally obtain legislative support for their core responsibilities, but not their social responsibilities; however this should not obstruct trade unions in such endeavours. As modern organisations it is high time that trade unions make a contribution towards sustainable development through their social responsibility role.
Private Law
LLD

This work covering the period 1795 to 1948 has four main features. It firstly examines the role of international and domestic factors in determining regional interaction and cooperation between South Africa and Chile. Secondly, it documents the whims of the international community, and more particularly the world powers which was a motivating factor in Chilean and South African politics, economy, society and their bilateral relations. Thirdly it covers the period when Britain rose to world power status. Eventually, this gave way to her displacement by Germany and then ultimately the United States. This study's fourth feature is that it marks the first documented account of direct contact between the inhabitants at the Cape of Good Hope and Latin America. The period ends with a cornerstone in the history of South African-Chilean bilateral relations when direct diplomatic and consular relations were established by both South Africa and Chile in May 1948.
M.A. (History)