Magister Legum - LLM

In view of the postponement of negotiations for the modernization of the EU-Turkey customs union, this paper is aimed to look back and examine the ex-post impacts of the CU by examining its trade creation and diversion effects. The study tests effects of 44 countries (including Turkey, 28 EU and 15 non-EU countries) with aggregated data for time period from 1989 to 2019 and disaggregated sectoral trade data from 1995 to 2019. For estimation, the gravity model with strong theoretical and empirical foundation is used by combining various fixed effects with PPML method. The results from the aggregated analysis confirm the trade-promoting effects of the EU-Turkey customs union with mixed effects on both trade within the members (intra-trade creation effects) and trade with non- members (extra-trade creation effects). But the trade diversion is not significantly proved in the model. Besides, a substantial heterogeneity in the CU effect is found across different industries, suggesting the CU has significantly improved the trade on textiles, transportation, machinery, metals and plastics/rubbers, but negligibly influence agriculture, mineral and chemicals. Furthermore, the study also evidences that the impact of the CU is stronger in EU's export to Turkey than Turkey's export to the EU. Finally, CU's...

1 About Political and Economic Development of Austria in Years 1931-1934 Miroslav Šepták Abstract The aim of the presented dissertation is the analysis of the Austrian foreign political development in the years 1931-1934 with the emphasis on the general development of the international relations. Furthermore, the selected intra-political events and the economic and social development of Austria will not be omitted as well. The time frame of the presented dissertation, i.e. years 1931 and 1934, has been chosen with respect to the important events which exceeded the Austrian boarders because of their significance and impact on the contemporary international politics. The first milestone is connected with publication of the plan of the German-Austrian customs union. Assassination of the Austrian Chancellor Engelbert Dollfuss represents the second milestone. There occurs the deficit of the detailed analysis of the Austrian foreign policy, especially in the relationship towards Germany and Italy, in the existing historiography so far. It is particularly the absence of comparison of unpublished documents, Austrian, German and Czechoslovak, with related published sources, contemporary memoirs and press articles as well as scholarly literature. The presented dissertation, which is the result of the four-year...

Armenia is going to join the Customs Union of Belarus, Kazakhstan and Russia (the Eurasian Customs Union) in the coming months. The author uses partial-equilibrium model to investigate and calculate trade diversion, trade creation and net welfare effects of accession on the Armenian economy. The thesis concludes that the membership in the customs union would lead to welfare losses and negative static effects. The main reason is the pure trade diversion effect on Armenia resulting from the increased external tariff rate. Adopting the common external tariff of the Eurasian Customs Union would raise the prices of those imported goods which flow from outside the customs union. As the majority of Armenian imports come from outside the Eurasian Customs Union, the increase in import prices would carry high social costs for the Armenian consumers. In addition, the absence of shared border with the customs union member-states substantially diminishes the potential benefits from possible non-tariff barrier facilitation. Therefore, the thesis strongly recommends against the accession.

The regional economic community (REC) of the Southern African Development Community (SADC) compri'ses 15 Southern African countries. The' economic and political aspects of regional integration in SADC dictate the pace of integration while the influence of a legal regime for regional integration remains at the periphery. While the SADC Treaty and its Protocol on Trade are clear about the priority of economic integration; the full implementation of SADC's economic integration is still yet to be realised using these legal instruments. Regional economic integration is also a priority at both continental and global level. The legal instruments applicable at these levels are those established through the African Union (AU) and the World Trade Organisation (WTO) respectively. Analysis of these external legal instruments is relevant because SADC Member States are signatories to agreements establishing these organisations·. Thus, rules based trade in SADC should be understood from a regional, continental and global perspective where a community must have well-structured and managed relations between itself and other legal systems as a necessary condition for its effectiveness. These structured relations refers to a legal and institutional framework that defines the relations between community and national laws, spelling out the modalities for implementing community law in Member States, defines the respective competencies of the community and Member States and provide rule based systems for resolution of conflicts. In setting the scene for an in-depth discussion of the legal and institutional framework for regional economic integration in SADC, this study presents the history of SADC, its political and economic characteristics that have shaped the legal aspects of trade within the region, the continent of Africa and the world at large. Within this context, the definition of regional integration is presented from a general and international understanding but ultimately gets narrowed down to what it means for Africa and SADC. The discussion on the · theories behind regional economic integration gives understanding to the integration approach employed in the organisation. South Africa's economic and political leadership is critical in the realisation of economic integration; hence this study acknowledges that without South Africa's full commitment; regional economic integration will suffer .a setback. Besides the challenge of implementing rules based trade in SADC, this study also identifies a number of obstacles to SADC regional economic integration and multiple memberships are identified as a: major stumbling block. A comparative study of SADC's institutional framework with that of the E1;Jropean Union· (EU) is undertaken to establish the rationale behind SADC's choice of utilising the EU model of integration. This study establishes the critical role institutions play in the implementation of treaty obligations as established by the agreements. The main lesson from this comparative study is that the EU institutions are allowed to fulfill their obligations of implementing treaty provisions, while SADC institutions are handicapped. The future of SADC is presented within the context of a set of recommendations that identifies the tripartite free trade area (FTA) that includes the East Africa Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) as one of viable legal instrument for deeper integration in SADC and the continent of Africa. General recommendations are made on the need for reform of rules and principles that are necessary for the implementation of SADC Treaty regime as well as possible improvements that are important for the full realisation of regional economic integration. / PhD (Law), North-West University, Potchefstroom Campus, 2012

The regional economic community (REC) of the Southern African Development Community (SADC) compri'ses 15 Southern African countries. The' economic and political aspects of regional integration in SADC dictate the pace of integration while the influence of a legal regime for regional integration remains at the periphery. While the SADC Treaty and its Protocol on Trade are clear about the priority of economic integration; the full implementation of SADC's economic integration is still yet to be realised using these legal instruments. Regional economic integration is also a priority at both continental and global level. The legal instruments applicable at these levels are those established through the African Union (AU) and the World Trade Organisation (WTO) respectively. Analysis of these external legal instruments is relevant because SADC Member States are signatories to agreements establishing these organisations·. Thus, rules based trade in SADC should be understood from a regional, continental and global perspective where a community must have well-structured and managed relations between itself and other legal systems as a necessary condition for its effectiveness. These structured relations refers to a legal and institutional framework that defines the relations between community and national laws, spelling out the modalities for implementing community law in Member States, defines the respective competencies of the community and Member States and provide rule based systems for resolution of conflicts. In setting the scene for an in-depth discussion of the legal and institutional framework for regional economic integration in SADC, this study presents the history of SADC, its political and economic characteristics that have shaped the legal aspects of trade within the region, the continent of Africa and the world at large. Within this context, the definition of regional integration is presented from a general and international understanding but ultimately gets narrowed down to what it means for Africa and SADC. The discussion on the · theories behind regional economic integration gives understanding to the integration approach employed in the organisation. South Africa's economic and political leadership is critical in the realisation of economic integration; hence this study acknowledges that without South Africa's full commitment; regional economic integration will suffer .a setback. Besides the challenge of implementing rules based trade in SADC, this study also identifies a number of obstacles to SADC regional economic integration and multiple memberships are identified as a: major stumbling block. A comparative study of SADC's institutional framework with that of the E1;Jropean Union· (EU) is undertaken to establish the rationale behind SADC's choice of utilising the EU model of integration. This study establishes the critical role institutions play in the implementation of treaty obligations as established by the agreements. The main lesson from this comparative study is that the EU institutions are allowed to fulfill their obligations of implementing treaty provisions, while SADC institutions are handicapped. The future of SADC is presented within the context of a set of recommendations that identifies the tripartite free trade area (FTA) that includes the East Africa Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) as one of viable legal instrument for deeper integration in SADC and the continent of Africa. General recommendations are made on the need for reform of rules and principles that are necessary for the implementation of SADC Treaty regime as well as possible improvements that are important for the full realisation of regional economic integration. / PhD (Law), North-West University, Potchefstroom Campus, 2012

This study sought to establish the critical underpinnings for the organisational effectiveness of regional integration institutions (RIIs). The interest arose out of a general observation of failure by RIIs in Africa to effectively achieve the objectives for which they were established. Informed by theories of organisational effectiveness, the study hypothesised that RIIs are likely to be effective in achieving the objectives for which they were established if the basic fundamentals of organisational effectiveness theory are embedded in their institutional structures, systems and processes. The East African Community (EAC) was used as a unit of analysis. A comparative analysis of the world's most advanced RII, the European Union (EU) was also undertaken. The findings revealed that the basic fundamentals of organisational effectiveness theory are only weakly ingrained in the EAC while deeply embedded in the EU. Recommendations were made on how the EAC could improve its organisational effectiveness. / PUBLIC ADMINISTRATION / MA (PUBLIC ADMINISTRATION)

Motivation of virtually all regional economic integration (REI) initiatives has been prospect of enhanced economic growth. Although REI's role in contributing to growth and development was recognised and acknowledged, its importance in Africa has never been properly outlined. Theoretical background, economic assumptions and evidence of REI are examined to bring out REI's importance to Africa. Depicting from these, benefits and challenges of REI in Africa are explored. This dissertation analyses the progress, pace, approach, sequence of REI in Africa looking at different variables. Africa's regional integration blueprint and institutional framework are compared to EU's but selected areas are identified as essential for Africa. Progress on REI has been found to be slow. This study concludes that REI should be viewed as one aspect of strategy towards Africa's development and growth. However, the benefits of REI make it imperative for it to remain the central pillar of Africa's development agenda. / Economics / M.Com. (Economics)

Thesis (MA (Political Science. International Studies))--University of Stellenbosch, 2009. / Europe and Africa share a long history that is characterized both by oppression and development. The relationship between the European Union (EU) and the African, Caribbean and Pacific (ACP) countries is a particularly important aspect of EU development cooperation policy. The developmental history between the EU and Africa started with the Yaoundé Conventions of 1963 and 1969, which were replaced by the Lomé Convention. Unfortunately, the favourable terms and preferential access for the ACP countries to Europe failed and the Lomé Convention was replaced by the Cotonou Partnership Agreement (CPA) in 2000. As a result of a WTO-waiver, the discriminatory non-reciprocal trade preferences, which were previously enjoyed under the Lomé Convention, continued until December 2007. The Cotonou Agreement points out that these trade preferences will be replaced by joint WTOcompatible Economic Partnership Agreements (EPAs). During the EPA negotiations, the EU preferred to negotiate on a regional basis instead of negotiating with the ACP as a whole or with individual countries. Consequently, Sub-Saharan Africa formed two negotiation groups; the Eastern and Southern Africa (ESA) EPA group and the Southern African Development Community (SADC) EPA group, represented by the five Southern African Customs Union (SACU) countries, together with Mozambique and Angola. Although Southern Africa is the region that leads the continent; from an economic perspective, the Southern African states show considerable disparities. Due to the economic differences between South Africa and the BLNS countries (Botswana, Lesotho, Namibia and Swaziland), the interests of the individual SACU countries are diverse and often contradictory, which resulted in complicated EPA negotiations. However, maintaining a favourable long-term trading relationship with the EU is of great importance to the economic and political well-being of the SADC, since the EU is the main trading partner of most African countries. By December 2007, an interim EPA (IEPA) was initialled by the BLNS countries as a result of the pressure to fall back to the unfavourable Generalized System of Preferences (GSP). Due to the bilateral Trade Development and Cooperation Agreement (TDCA) that is in force between South Africa and the EU, South Africa was not negatively influenced by the expiry of the WTO-waiver. The EPA will have a negative impact on regional integration within SADC and will promote distinction within the regional economic communities. Duty free, quota free access was offered to the BLNS countries, but the EU did not extend this offer to South Africa because of the developmental status of the country and the pre-existing TDCA. Consequently, South Africa will be required to export at higher prices and will experience increased competition within the region. The downside of the removal of import tariffs for the BLNS countries is that government revenues will decrease, which might result in income losses and will accentuate poverty. The standstill-clause of the IEPA prevents the SACU countries from diversifying economically and from developing new industries. The Most- Favoured Nation clause primarily impacts negatively on South Africa, since it prevents South Africa from negotiating freely with other countries such as Brazil and China. Furthermore, the strict intellectual property rules of the IEPA undermine access to knowledge and hereby fail to support innovation. The content of a chapter on liberalization of services, that will be included in the full EPA, is still being negotiated. Liberalization of services might lead to more foreign investments in the BLNS countries, as a result of which the quality of services will increase, leading to better education, infrastructure and more job opportunities. However, foreign companies will gain power at the expense of African governments and companies. South Africa is the main supplier of services in the BLNS countries and will therefore be confronted with economic losses when the services sector is liberalized. From an economic nationalist perspective, the EU included numerous provisions in the IEPA that were not necessary for WTO compatibility. However, the EU is aware of the importance of trade agreements for the BLNS countries and found itself in the position to do so to fulfil its own interests. By making use of the expiry date of the WTO waiver; the IEPA was initialled by the BLNS countries within a relatively short period of time. South Africa, in its own national interests, opposed the provisions of the IEPA, which has led to the negotiations deadlock. Because of the economic power and negotiating tactics of the EU and the selfinterested attitude of South Africa in this respect, regional integration is undermined and the poorest countries are once again the worst off. Although Economic Partnership Agreements have to be established, the partnership-pillar is, in my opinion, hard to find.

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