This dissertation argues that in the 1990s and beyond, the character and functions of regions and regionalism have experienced a major transformation. This requires a reconceptualisation of regions and regionalism that transcends state-centrism. The argument here is that the definition of regions and regionalism needs to recognise that other actors also participate in the construction of regions and the practise of regionalism. Up to now, however, theories of integration incompletely deal with outcomes appropriate to developing countries, states and regions. In the context where people remain vulnerable to top-down forms of regionalism driven by the forces of globalisation, this calls for a new approach in the analytical study of regionalism in a transnational context. The contention is that new regionalism, and its variant, developmental regionalism pay attention to the role those organised civil society actors and those marginalised by both globalisation and regionalisation play in promoting regionalism in a transnational context. Historically, state-centric regionalism in southern Africa was not aimed at achieving developmental objectives. In the case of SACU, the argument is that South Africa used its economic strength in a hegemonial way. To counter-act apartheid South Africa’s economic hegemony, SADCC was formed. SADCC achieved limited success in the fields of infrastructural development and in attracting donor aid. The end of the Cold War and the downfall of apartheid compelled these organisations to recast their objectives and purpose. For SACU this meant changing from an organisation dominated by South Africa to a fully-fledged inter-state one. Disconcertedly, however, about the reforms undertook by SACU, is that the disposition of member states remain important in determining the content and scope of regionalism. SADC, on the other hand, has also not sufficiently reform itself to achieve the ambitious goals it set-out for itself. Moreover, while SADC has since its inception in 1992 set-out to involve non-state actors in its regional integration efforts, limited institutional reform in 2000 and beyond, and elites at the forefront of institutional restructuring make it difficult for non-state actors to contribute to sustainable regional integration. In conclusion, this dissertation maintains that sustainable regionalist orders are best built by recognising that beyond the geometry of state-sovereignty, civil society organisations with a regional focus and the ordinary people of the region also contribute to regioness and as such to the re-conceptualisation of regional community in southern Africa.

This paper critically analyses the use of anti-dumping regulation in the Southern African Customs Union (SACU) with specific reference to Botswana. Dumping takes place where products are introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. Anti-dumping duties are an internationally-recognised exception to three core WTO principles namely, bound tariff commitments, most-favoured-nation MFN) and national treatment. The use of anti-dumping in SACU has always been in accordance with existing WTO rules. The new SACU Agreement has important implications for the anti-dumping regime within the customs union. It changed the way in which tariff decisions, including anti-dumping tariffs, are made and it also requires member states to develop legislation on contingency trade remedies such as anti-dumping for the region and to establish national bodies to administer these remedies within different countries. The SACU council has given mandate to the International Trade Administration Commission of South Africa (ITAC) to undertake all trade remedies investigations and imposition of the necessary duties. From the inception of ITAC till now ninety-five percent (95%) of all anti-dumping applications filed at ITAC alleging dumping are instituted by South Africa industries. Thus, only five percent (5%) of all anti-dumping applications are from Botswana, Lesotho, Namibia and Swaziland (BLNS countries). The findings in this paper reveal that Botswana has never filed an application seeking protection of any of its industries. In terms of Article 14 of the SACU Agreement Botswana is in the process of establishing its national body like ITAC. The argument is that, since Botswana has never filed for any trade remedy how effective will this national body going to be? Therefore, critically analyzing the use of anti-dumping regulation is very crucial for Botswana as a SACU member. Such analysis will help assess the effectiveness of SACU institutions such as the tariff board and the Botswana national body to be established. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

The Diploma thesis is focused on Community customs union and relations with third countries, regarding particularly customs procedure during foreign transit operations. It is aimed to summarize basic knowledge regarding TIR system operation with emphasis on its current development and modernization. At present, TIR regime is experiencing a very dynamic progress, and it is related both to its computerization and changes in the European Union, which tends to enhance safety standards on the international level when shipping the goods. Therefore, the means of communication are improved by the interconnection of main actors engaged in business transactions, such as national customs authorities and associations, traders and international organisations. The first part of the thesis deals with customs union and common trade policy of European Union. It defines the term of customs union and European customs union territory, specifies both internal and external aspects of customs union existence, and shortly describes the process of European customs union creation. The two following chapters are concerned with the customs administration, legislation and basic documentation forming customs legislation of European Union. The fourth chapter describes the development and customs union improvement with its new strategy and modernized customs union codex. The second part concentrates on the analysis of customs procedure in general and international customs regimes. It describes the basic terms used in customs administration, specifies the ways of customs debt calculation and factors which may lead to the customs debt. The closing chapter is devoted to transit regimes functioning not only on the territory of the European Union, but in third countries as well. The third part addresses the TIR transit regime. At the beginning, the foundation and historical development of the regime is described, followed by its mission, principles and territorial scope. In the next chapter the basic conditions of membership are identified. The following chapter is reserved for description and explanation of international guarantee system, mutual relations of its participants and forms of guarantee provision. In the last chapter the carnet TIR - main document used for customs purposes when shipping - is highlighted. The last chapter is focused on TIR system computerization, its innovation and improvement, and development mainly in recent years. The forth part of the thesis emphasizes membership advantages, particularly benefits of TIR system, and outlines the fields of the European Union and TIR system cooperation. The conclusion then summarizes important parts and key elements of the paper. When putting together the thesis, the latest available data on the TIR system progress regarding cooperation with the European Union were used, as the main aim of the thesis was to provide detailed information on the current situation and modernization of TIR regime.

The impetus for regional integration draws its rationale from the standard international trade theory, which states that free trade is beneficial to all. Free trade among two or more countries or preferential trade will improve the welfare of the member countries as long as the arrangement leads to a net trade creation in the Vinerian sense. The history of regional economic integration in Southern Africa (SADC) reveals that it has not yet achieved the economic benefits that are attributable to developing regions, namely: higher levels of welfare exemplified by low poverty levels, economic development and industrialisation. Regional economic integration in Southern Africa is constrained by high tariff and non-tariff barriers, archaic infrastructures and multiple memberships among different regional economic communities. A SADC-wide customs union can be successful, provided that countries are allowed to join, when their economies have adjusted and the South African Customs Union (SACU) is used as a nucleus. / Economics / M. A. (Economics)

The impetus for regional integration draws its rationale from the standard international trade theory, which states that free trade is beneficial to all. Free trade among two or more countries or preferential trade will improve the welfare of the member countries as long as the arrangement leads to a net trade creation in the Vinerian sense. The history of regional economic integration in Southern Africa (SADC) reveals that it has not yet achieved the economic benefits that are attributable to developing regions, namely: higher levels of welfare exemplified by low poverty levels, economic development and industrialisation. Regional economic integration in Southern Africa is constrained by high tariff and non-tariff barriers, archaic infrastructures and multiple memberships among different regional economic communities. A SADC-wide customs union can be successful, provided that countries are allowed to join, when their economies have adjusted and the South African Customs Union (SACU) is used as a nucleus. / Economics / M. A. (Economics)

Regional integration gained popularity and is prioritised globally, especially in developing economies, including those on the African continent. This is based on its potential to accelerate trade, stimulate economic growth, and increase access to basic necessities and to induce a sustainable increase in economic output and improved standards of living. Regional integration in the context of developing economies is entirely implicit. Modern literature observes it as a policy option for dealing with a wide variety of issues related to politics, economic factors, and societal welfare. The SACU, existing since 1910, made several trade agreements globally. The union aims at reducing inequalities, ensuring continuous improvement in the general welfare of the population, and sustainable economic growth. Research, though, indicates that the region persistently reflects poor socio-economic conditions. This is accompanied by limited development in infrastructure, lowly skilled and experienced workforce. Primary sector activities dominate their economies, such as mining and agriculture, high levels of inequalities and poverty. Regional integration was implemented differently in several countries globally, and Africa in particular. The research noted that literature on regional integration and its implications on socio-economic development lacks, especially in the context of SACU. A deficiency was also emphasised the universal measurement of regional integration, which is not standardised. Some research employed single variables as a proxy, whilst some composite indices were also compiled and implemented, suiting the diverse setups and environments. The development measurements, therefore, cannot universally be applied attributable to context-specific concerns, prevalent in regions or countries. This study developed the SACU Regional Integration Index (SRII) because the existing indices on regional integration are limited concerning applicability. Most of the indices established in the literature were developed for specific countries and regions with diverse characteristics from those of the SACU region. In addition to a detailed literature review and closing methodological divergencies, this study evaluated the effects of regional integration on socio-economic development in the SACU countries. The objectives of the study were first, to produce the SACU Regional Integration Index. Second, the study aimed at evaluating the effect of regional integration on various socio-economic development factors listed as economic growth, investments, and the Human Development Index (HDI), inequalities and poverty. Third, the study provided policy recommendations to the socio-economic problems encountered by the SACU countries; and lastly, to implement the proposed SRII as a way of providing policymakers with the actual impacts. The study employed the principal component analysis (PCA) to construct the SRII. The Ordinary Least Squares (LSDV), fixed effects and random effects were employed to ascertain the effect of regional integration on socio-economic development in the SACU countries. The constructed SACU index comprises four dimensions. These are trade integration; productive integration; infrastructure integration; and financial and macroeconomic policies integration. The index revealed that SACU countries are dominated by trade and productive integration. Further analysis of the results indicated that collaboration on the financial and macroeconomic policies is lacking and the infrastructure dimension is lagging in the SACU region. Based on the second objective, the results indicate that regional integration is critical in improving trade openness and HDI, especially in Lesotho, Botswana, and Namibia. The effect of regional integration on real Gross Domestic Product (GDP) growth, inequalities, and poverty reduction was realised in the long run through the interaction of all variables under study. This supported the dynamic effects posited by the dynamic theory of regional integration. It was established that growth, though, in infrastructure is insignificant compared to other dimensions of regional integration. This explains why regional integration was unsupportive concerning stimulating investments in all the economies forming the SACU region. The third objective was to proffer policy recommendations. Several practical policy recommendations emerged from this study, based on the literature findings and review. These recommendations include implementing inclusive development programmes, promotion private sector participation in economic activities, and policies, to boost production capacity in the countries in this region. Based on the fourth objective, this study further recommends SACU as a region, to integrate into the global economy. This can be conducted by participating in global production networks for manufacturing and taking advantage of emerging economies. This would diversify their export markets and their sources of finance development. SACU countries should make regional integration and trade a part of their national and sectoral development plans, ensuring coherent trade and industrial policies. They should also improve their labour, education, social protection, and safety nets. With data availability, this research can be extended to incorporate quarterly data or more years of study. Time-series methods can be applied, such as the Autoregressive Distributive Lag (ARDL) method. This will increase the sample size and the number of observations, which can improve the outcome from the statistical and econometric analysis. Future studies may also evaluate the applicability of the index constructed in this study. / Economics / D. Phil. (Economics)

The Southern Africa Customs Union was first established in 1889 between the Cape of Good Hope and the Orange Free State. It has since undergone extensive change resulting in the current 2002 Agreement which includes an institutional framework. SACU’s member states comprise of Botswana, Lesotho, Namibia, South Africa and Swaziland. The Agreement thrives on the principle of free trade within the customs union and common external tariffs on goods entering the customs area. However, as an exception to free trade, article 25(1) of the 2002 Agreement recognises the right of a member state to prohibit the importation or exportation of any goods from its area. This may be done for economic, social, cultural or other reasons as may be agreed upon by the Council. However, article 25(3) prohibits the use of article 25(1) as a means to protect infant industries. As a further exception to free trade, article 26 of the 2002 Agreement recognises the right of all other member states, except South Africa, to protect their infant industries. The protection offered in this article is limited, because the definition of infant industry is not clear as to when the inception of such an industry must be. This causes problems with the application of article 26, especially where an industry was established, but only became operational after the expiry of eight years, or has been established for over eight years on a small scale and needs protection in order to enlarge and intensify its operations. Due to this shortfall, Namibia used its Import and Export Control Act 30 of 1994 to protect a key industry in Namibia, the poultry industry. However, according to article 25(3), this may be considered a violation, because Namibia has used its national legislation to protect an infant industry. The key finding of this study is that the protection of infant industries in SACU is not sufficient to cater for the economic needs of the member states. To this end, SACU must consider allowing national legislation to supplement and monitor infant industry protection in the member states’ areas. In addition, SACUs institutional framework, which is not fully operational at present, must be established to function fully, as this may help address some of the issues in SACU. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

The Southern Africa Customs Union was first established in 1889 between the Cape of Good Hope and the Orange Free State. It has since undergone extensive change resulting in the current 2002 Agreement which includes an institutional framework. SACU’s member states comprise of Botswana, Lesotho, Namibia, South Africa and Swaziland. The Agreement thrives on the principle of free trade within the customs union and common external tariffs on goods entering the customs area. However, as an exception to free trade, article 25(1) of the 2002 Agreement recognises the right of a member state to prohibit the importation or exportation of any goods from its area. This may be done for economic, social, cultural or other reasons as may be agreed upon by the Council. However, article 25(3) prohibits the use of article 25(1) as a means to protect infant industries. As a further exception to free trade, article 26 of the 2002 Agreement recognises the right of all other member states, except South Africa, to protect their infant industries. The protection offered in this article is limited, because the definition of infant industry is not clear as to when the inception of such an industry must be. This causes problems with the application of article 26, especially where an industry was established, but only became operational after the expiry of eight years, or has been established for over eight years on a small scale and needs protection in order to enlarge and intensify its operations. Due to this shortfall, Namibia used its Import and Export Control Act 30 of 1994 to protect a key industry in Namibia, the poultry industry. However, according to article 25(3), this may be considered a violation, because Namibia has used its national legislation to protect an infant industry. The key finding of this study is that the protection of infant industries in SACU is not sufficient to cater for the economic needs of the member states. To this end, SACU must consider allowing national legislation to supplement and monitor infant industry protection in the member states’ areas. In addition, SACUs institutional framework, which is not fully operational at present, must be established to function fully, as this may help address some of the issues in SACU. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

This dissertation explored the efficacy of the new Basel III banking standards in SACU, grounded on the conjecture that they are not reflective of economies of SACU, but are merely an intensification of Basel II, rather than a substantial break with it. Firstly, loans and assets were tested for causality, since Basel III believes growth in these variables led to securitization. The leverage ratio has been introduced in Basel III as an anti-cyclical buffer. The OLS technique was employed to test for its significance in determining growth in bank assets. SACU feels the impact of debt, with credit is marginally treated in Basel III and is not introspective of the realities of its economies. ANOVA tests using debt, credit and GDP were done to determine a better method of addressing cyclicality. The leverage ratio was insignificant in Namibia, with debt and credit having momentous impacts on GDP in SACU. / Economics / M. Com. (Economics)

Thesis (MComm)--Stellenbosch University, 2013. / ENGLISH ABSTRACT: Recently countries have become more aware of the potential anti-competitive effects of anti-dumping measures. This is mostly due to the view that anti-dumping measures, as trade policy instruments, are at odds with the objectives of competition policy. According to many economic writers the only rational economic justification for anti-dumping measures is predatory dumping as an extreme form of price discrimination. Apart from the dramatic change in the economic justification for the use of anti-dumping measures over the last decades, there has also been a significant change in the countries that implement these measures. Since the Uruguay Round of Multilateral Trade Negotiations there has been a shift from developed countries to developing countries being the main users of these policy tools. In the last couple of years the member countries of the Southern African Customs Union have been under increased pressure by private firms to enable the use of anti-dumping measures on intra-regional goods trade. However, the appropriateness of utilising these measures on intra-regional trade in the context of a custom union has been a contentious issue in recent economic debate. These measures erect trade barriers among the member states which are against the basic premise of a customs union. This has resulted in most economists calling for the prohibition and replacement of anti-dumping measure with either coordinated domestic or harmonised regional competition policies. In developing the regional and national policies on anti-dumping the SACU member states can follow two main stream approaches. The first is the incorporation of various competition principles into anti-dumping rules to limit the negative welfare and anti-competitive effects of utilising anti-dumping measures, while the second is the abolition of anti-dumping measures in the region which is then replaced by competition policy. The option best suited for SACU depends on the differing viewpoints on implementing anti-dumping measures in a customs union. However, irrespective of which policy combination is chosen, regional and national polices and authorities will have to be created, adapted and/or amended in order to have an effective interaction between anti-dumping and competition policies applicable to intra-regional trade. / AFRIKAANSE OPSOMMING: Lande het ontlangs meer bewus geword van die moontlike negatiewe uitwerking wat maatreëls teen storting van goedere in markte kan hê op plaaslike en internasionale mededinging. Dit is hoofsaaklik as gevolg van die siening dat teen-stortingsmaatreëls, as instrumente van handelsbeleid, se doelwitte teenstrydig is met die van mededingingsbeleid. Volgens vele ekonomiese skrywers is die enigste rasionele ekonomiese regverdiging vir teen-stortingsmaatreëls predatoriese storting as ‘n uiterse vorm van prysdiskriminasie. Afgesien van die dramatiese verandering in die ekonomiese regverdiging vir die gebruik van teen-storingsmaatreëls oor die laaste dekades, het daar ook ‘n beduidende verandering plaasgevind in die lande wat hierdie maatreëls om goedere handel implementeer. Sedert die Uruguay Rondte van Multi-laterale Handelsooreenkomste het daar ‘n verskuiwing plaasgevind van ontwikkelde lande na ontwikkellende lande as die belangrikste gebruikers van hierdie beleidsinstrumente. In die laaste paar jaar het private firmas die lidlande van die Suider-Afrikaanse Doeane-Unie onder toenemede druk begin plaas vir die gebruik van teen-storingsmaatreëls op invoere vanaf die res van die streek. Alhoewel, huidiglik is die toepaslikehid van die gebruik van hierdie maatreëls op handel, in die konteks van ‘n doeane-unie, steeds ‘n omstrede kwessie binne ekonomiese dabatte. Hierdie maatreëls rig handelsversperrings tussen lidlande op wat teen die basiese veronderstelling van ‘n doeane-unie is. As gevolg hiervan is die meeste ekonome van die opinie dat teen-storingsmaatreëls vervang moet word met óf gekoördineerde binnelandse of geharmoniseerde streeks- mededingingsbeleid. Die SADU-lidlande kan twee benaderings volg in die ontwikkeling van streeks- en nasionale beleid oor teen-storingsmaatreëls. Die eerste is the insluiting van verskillende mededingingsbeginsels in bepalings wat handel oor teen-storingsmaatreëls om sodoende die moontlike negatiewe gevolge van hierdie maatreëls te beperk. Die tweede opsie is om teen-storingsmaatreëls op streeks-invoere met bededingingsbeleid te vervang. Die mees gepasde opsie sal af hang van die verskillende standpunte rondom die toepaslikheid van teen-stortingsmaatreëls in ‘n doeane-unie. Alhoewel, ongeag die beleidskombinasie wat gekies word sal nasionale en streeks-beleid en owerhede geskep, aangepas en/of gewysig moet word ten einde ‘n effektiewe interaksie tussen teen-storingsmaatreëls en mededingingsbeleid binne SADU te verseker.