<p>The general objective of the proposed research is to do a needs analysis for the tourism and hospitality industries of South Africa, Botswana, Namibia, Lesotho and Swaziland. This will be followed by an alignment of these industries with the provisions of the General Agreement of Trade in Services, commonly known as GATS, so that a Tourism and Hospitality Services Charter may be moulded that may be used uniformly throughout SACU. The specific objectives of the research are: To analyze impact assessment reports and studies conducted on the Tourism and Hospitality Industries for all five SACU member states with the aim of harmonizing standards, costs and border procedures. To ecognize SACU member states&rsquo / schedule of GATS Commitments, especially in the service sectors being investigated, by improving market access, and to recommend minimal infrastructural development levels to be attained for such sectors&rsquo / support. To make recommendations to harness the challenges faced by the said industries into a working document. To calibrate a uniformity of trade standards in these sectors that shall be used by the SACU membership. To ensure that the template is flexible enough for SACU to easily adopt and use in ongoing bilateral negotiations, for example.</p>

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<p>The general objective of the proposed research is to do a needs analysis for the tourism and hospitality industries of South Africa, Botswana, Namibia, Lesotho and Swaziland. This will be followed by an alignment of these industries with the provisions of the General Agreement of Trade in Services, commonly known as GATS, so that a Tourism and Hospitality Services Charter may be moulded that may be used uniformly throughout SACU. The specific objectives of the research are: To analyze impact assessment reports and studies conducted on the Tourism and Hospitality Industries for all five SACU member states with the aim of harmonizing standards, costs and border procedures. To ecognize SACU member states&rsquo / schedule of GATS Commitments, especially in the service sectors being investigated, by improving market access, and to recommend minimal infrastructural development levels to be attained for such sectors&rsquo / support. To make recommendations to harness the challenges faced by the said industries into a working document. To calibrate a uniformity of trade standards in these sectors that shall be used by the SACU membership. To ensure that the template is flexible enough for SACU to easily adopt and use in ongoing bilateral negotiations, for example.</p>

<p>The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making / and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU &ndash / a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the &lsquo / full faith and credit clause&rsquo / the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system / as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law / the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States.</p>

<p>The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making / and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU &ndash / a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the &lsquo / full faith and credit clause&rsquo / the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system / as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law / the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States.</p>

Magister Legum - LLM

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)

Magister Legum - LLM / The general objective of the proposed research is to do a needs analysis for the tourism and hospitality industries of South Africa, Botswana, Namibia, Lesotho and Swaziland. This will be followed by an alignment of these industries with the provisions of the General Agreement of Trade in Services, commonly known as GATS, so that a Tourism and Hospitality Services Charter may be moulded that may be used uniformly throughout SACU. The specific objectives of the research are: To analyze impact assessment reports and studies conducted on the Tourism and Hospitality Industries for all five SACU member states with the aim of harmonizing standards, costs and border procedures. To ecognize SACU member states' schedule of GATS Commitments, especially in the service sectors being investigated, by improving market access, and to recommend minimal infrastructural development levels to be attained for such sectors' support. To make recommendations to harness the challenges faced by the said industries into a working document. To calibrate a uniformity of trade standards in these sectors that shall be used by the SACU membership. To ensure that the template is flexible enough for SACU to easily adopt and use in ongoing bilateral negotiations, for example. / South Africa

Doctor Legum - LLD / The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making; and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU – a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system; as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law; the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States. / South Africa

Magister Legum - LLM / The EPA’s will have an impact on regional integration in Africa, especially in the SADC region. The region has been split between the SADC and ESA EPA configuration therefore impacting on regional integration objectives set out under the SADC Trade Protocol.The EPA’s will be concluded separately with six of the sub groupings under the ACP grouping. With the EU-SADC EPA negotiations has come a problem of overlapping of membership of the different regions which has created confusion and conflicts. Members of Southern African Development Cooperation (SADC) did not all enter into the EU-SADC EPA has one. The EU-SADC EPA configuration consists of Angola, Botswana, Lesotho, Mozambique, Namibia, South Africa, Swaziland and Tanzania. The rest of the SADC member states are negotiating with the EU-ESA configuration. With South Africa having been allowed into the negotiations, its role should be examined and what it can contribute to the negotiations. Another conflict that has been created is the fact that South Africa has its own bilateral agreement with the EU thus putting stain on the trade relationship between South African and the rest of the SADC countries.