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.

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

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.

Magister Legum - LLM / The provisions of the General Agreement on Tariffs and Trade (GATT 1994) generally give favourable consideration to developing and least developed countries.1 Firstly, at the core of these provisions is the principle of special and differential treatment of these countries. As such developing countries are to meet their obligations under the WTO agreements as and when the special needs of their economies permit. The GATT 1994 provisions exempt least developed countries from participating in the obligations under the WTO agreements until such a time that they attain a reasonable level of development.Secondly, the Ministerial Meeting in Doha in November 2001 adopted a development agenda (that described capacity building activities as “core elements of the development dimension of the multilateral trading system”) and called for more co-ordinated delivery of trade related technical assistance and capacity building.2 In this regard, developed members of the WTO have committed to provide technical assistance to developing and least developed members in order to build their capacity to participate effectively under the WTO.The reality of the situation on the ground is that developing and least developed countries still face a lot of challenges which hinder their full participation and realization of the benefits under the multilateral trading system. It must be appreciated, at the same time that developing countries like China and India have been active and influential in the multilateral trading system, and additionally, their economies have and are experiencing overt growth. What lessons does Africa need to learn from China and India?This study examines the causes of the poor performance of Sub Saharan Africa’s developing and Least Developed Countries in the multilateral trading system. In this regard, examples are drawn from two countries, namely, Kenya and Zambia.Further, the study examines the initiatives the WTO provides to enhance the trade capacity of its developing and least developed members. In addition, the study examines African trade capacity building initiatives such the New Partnership for Africa’s Development (NEPAD) and the African Capacity Building Foundation (ACBF) Initiatives, as well as the African Growth and Opportunity Act (AGOA) Initiative in order to establish how these initiatives can assist in enhancing the trade capacity of developing and least developed countries.The study further examines the role of regional trade integration in enhancing the trade capacity building of developing and least developed countries. In this case, examples are drawn from the Southern Africa Development Community (SADC) and the Common Market for Eastern and Southern Africa-Developing Countries (COMESA). In this regard, the study concludes that fully-fledged regional integration has the potential to promote economic growth and industrial development in Africa.The study also demonstrates the importance of the participation of governments and the private sector in improving a country’s participation in the multilateral trading system. This study particularly takes key interest in the crucial role of the public-private partnerships in enhancing competitive forces and competitiveness necessary to maximize trade opportunities, which in turn produces economic development.It is observed and concluded in this study that sustainably financed technical assistance and capacity building programmes have important roles to play in so far as integration of Sub Saharan Africa into the global trading system is concerned; and that developing countries in general and LDCs in particular are to be provided with enhanced Trade-Related Technical Assistance (TRTA) and capacity building to increase their effective participation in the negotiations, to facilitate their implementation of GATT/WTO rules and to enable them adjust and diversify their economies.

<p>This research paper pays particular attention to the EAC because of its unique composition of four LDCs46 and 1 DC47 and the fact that three of these countries are landlocked least developed countries (LLDCs).48 The EAC was notified as a RTA to the WTO under the Enabling Clause on 9 October 2000 and registered as a Custom Union49 under WT/COMTD/N/14.50 The notification of the EAC under the Enabling Clause is due to the nature of composition of members therein and to the fact that the Enabling Clause does not require regional trading arrangements to cover substantially all trade, or to achieve free trade in the bloc within ten years after notification. Additionally, it provides an avenue for giving special consideration to the LDCs through making concessions and contributions,51 allows automatic exemptions from MFN (non-discrimination) treatment in favour of DCs,52 and thus allows other WTO members to accord more favourable treatment to DCs in many cases without according the same treatment to other WTO members.53.</p>

<p>The Central African Monetary and Economic Community, known by its French acronym CEMAC (Communaut&eacute / Economique et Mon&eacute / taire de l&rsquo / Afrique Centrale), is one of the oldest regional economic blocs in the African, Caribbean and Pacific (ACP) group of states. Its membership comprises of Cameroon, the Central African Republic, Chad, the Republic of Congo, Equatorial Guinea, and Gabon. It has a population of over 32 million inhabitants in a three million (3 million) square kilometre expanse of land. The changes in the world economy, and especially between the ACP countries, on the one hand, and the European Economic Community-EEC (hereinafter referred to as European Union (EU)), on the other hand, did not leave the CEMAC region unaffected. CEMAC region, like any other regional economic blocs in Africa was faced with the need to readjust in the face of a New International Economic Order (NIEO). The region which had benefited from preferential access to the EU market including financial assistance through the European Development Fund (EDF) had to comply with the rules laid down in the World Trade Organisation (WTO). This eventually led to a shift in the EU trade policy, in order to ensure that its trade preferences to developing countries were compatible to the rules and obligations of the WTO.</p>

<p>The rapid growth in the number of regional trade agreements (RTAs) has led to concern about the weakening of the multilateral trading system. This thesis examines the spread of such agreement and the extent to which they pose a threat to the multilateral system. Regionalism and multilateralism are complimentary as shown in the case study of the East African Community. The current regional trade agreement management rules are weak and ambiguous and possible amendments for these rules are proposed</p>

No description available.

This thesis examines US protectionism in the 1980s from Canadian and American perspectives, and its role in Canada’s pursuit of the historic 1988 Canada-US Free Trade Agreement. It analyzes the perceived “threat” of protectionism and evaluates the agreement’s provisions against Canada’s goal of securing access to the US market. It contends that US protectionism was crucial in the Mulroney government’s decision to negotiate a bilateral agreement and was a contentious issue for the agreement’s critics. US sources, unexamined in existing historiography, confirm the increased threat of American protectionism, but emphasize a distinction between the threat and implementation of protectionist trade law. Although the agreement did not shield Canada from US trade remedies, Canada gained important presence in the trade dispute process. These conclusions are drawn from Canadian and American media and government documents, 1980s academic and think-tank commentary, legal documents, the memoirs and diaries of major players, and select archival sources.

This thesis examines US protectionism in the 1980s from Canadian and American perspectives, and its role in Canada’s pursuit of the historic 1988 Canada-US Free Trade Agreement. It analyzes the perceived “threat” of protectionism and evaluates the agreement’s provisions against Canada’s goal of securing access to the US market. It contends that US protectionism was crucial in the Mulroney government’s decision to negotiate a bilateral agreement and was a contentious issue for the agreement’s critics. US sources, unexamined in existing historiography, confirm the increased threat of American protectionism, but emphasize a distinction between the threat and implementation of protectionist trade law. Although the agreement did not shield Canada from US trade remedies, Canada gained important presence in the trade dispute process. These conclusions are drawn from Canadian and American media and government documents, 1980s academic and think-tank commentary, legal documents, the memoirs and diaries of major players, and select archival sources.