In April 1994, the ministers of more than a hundred governments signed the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations achieved after seven and a half years of negotiation. The Act comprises the Agreement Establishing the Multilateral Trade Organization with its important Annexes 1 to 4 in its Part II, Ministerial Decisions and Declarations in its Part III and the Understanding on Commitments in Financial Services in Part IV. The WTO came into effect on 1 January 1995 and has 134 Members presently.

The focus of this thesis is on foreign direct investment (FDI). This is an aspect of international trade that has recently become increasingly important, not only to developing and developed countries in general, but to South Africa in particular; notably so when this country was admitted back to the larger international community of nations after April 1994. In the quest to address the many imbalances engendered by apartheid, South Africa's . ' policy-makers maintain that FDI may play a critical role in helping achieve the goals and objectives of the government's Reconstruction and Development Programme (RDP). It is for this reason that the creation of a climate conducive to both local and foreign investment is expected to be one of the top priorities of the new government of national unity (GNU). The important point stressed in this thesis is that, when devising policies and strategies aimed at increasing trade flows and attracting foreign investment into the 'new' South Africa, this country's policy-makers should, always, take into account the profound changes that the world trading system is currently undergoing. The current trends in world trade, FDI and regional integration are poised to influence the position of South Africa and the role it may play in the world economy of the 1990s and beyond. The writer of this thesis believes that the daunting challenge facing South Africa's policymakers is to understand these patterns and changes, as well as forces behind them, as a basis for developing the ability to respond constructively and positively. This is important, because this country will be expected to play its respective role according to the existing rules of the prevailing world economic order. In short, South Africa's policy-makers are faced with the task of devising some ingenious strategies and policies that may maximise the opportunities provided for South Africa by the new world trading environment. At the same time, those measures should also aim to minimise the potential negative effects arising from increased world-wide competition for international markets, trade and investment funds. The point is also made however, that the effectiveness of such strategies and policies will depend in large part on South Africa's efforts and political will to adjust to the new opportunities and challenges of the international trading environment. This thesis comprises four chapters. Chapter One discusses trends in world trade, FDI and regional integration in the 1990s and their possible implications for South Africa. Its aim is to provide the reader with a fuller appreciation of the international context within which South Africa's future trade and investment policies should be considered and implemented; because whatever approach South Africa adopts, it is imperative that it must be viable in the world trading environment of the 1990s. It will be shown for instance that, although the world trading environment of the 1990s is characterised by rapid 'globalisation' of world markets and proliferation of inward-looking regional trading arrangements (RT As), this decade is experiencing, on the one hand, growing 'protectionism' and concentration of world trade and investment funds in the developed market economies and greater marginalisation of the developing and least developed (LDCs) countries on the other. It will be shown further that these phenomena have a negative impact on the ability of the latter countries to play a meaningful role in international trade and investment. Chapter One concludes by looking at the World Trade Organisation (WTO) and the impact it will have on international trade relations in the 1990s and beyond. Chapter Two discusses the various determinants of FDI. In this chapter, it will be demonstrated that many analysts and governments hold the view that FDI is a 'good thing' as it is perceived to have a positive impact on other economic variables such as balance-of-payments, employment and capital creation, access to new markets and technological know-how. It will also be shown that in fact, many developing and transition countries are engaged in fierce competition for foreign investment, and that to this end, these countries have recently changed their respective foreign investment laws with the sole aim of creating a climate attractive to foreign investment in their respective economies. The determinants of FDI in this chapter are discussed under the following headings, viz. government policies ( e.g. ownership policies, taxation and subsidies, convertibility of foreign exchange and remittance of earnings, performance requirements, capital and price controls, etc.), locational determinants (e.g. host comparative advantage, host market size, etc.), structural determinants (e.g. economic 'openness', investment infrastructure, etc.), and economic determinants (e.g. international trade links, etc.). The impact of these various determinants will also be discussed as well as policy implications for South Africa. Chapter Three discusses the current constraints and opportunities for the 'new' South Africa in the quest for increased foreign-direct-investment-flows. It will be argue.d that although South Africa has deep-seated structural problems ( e.g. shortage of foreign capital and skills, lack of international competitiveness of its manufactured products, chronic unemployment, etc.), this country stands a good chance (given its developed infrastructure and a relatively dynamic manufacturing sector by African standards for instance) of being a possible destination for FDI and international trade flows. The last Chapter (Four) discusses various policy implications for South Africa in its attempt to attract FDI into this country. It will be demonstrated that whatever approach South Africa adopts, will be impacted upon by various factors, inter alia, the prevailing world trading environment, growing protectionism in the developed market economies, its obligations under the WTO, its trade relations with other SACU and SADC countries, and so on. It is suggested that South Africa's current trade regime needs to be overhauled as it is not conducive to the development of competitive industrial capabilities inter alia, due to a strong anti-export bias that is inherent in its policies. It will also be argued that the state - like in other high-growth East Asian economies - has an important role to play in fostering the competitiveness of certain industries for instance, as a way of promoting the international competitiveness of South Africa's manufactured products. The Conclusion summarises briefly the major issues covered in this thesis. Before turning to Chapter One it is important to make the following point: the idea of FDI is broad, controversial and multi-faceted. The writer of this thesis does not claim to provide a definitive account of how South Africa should deal with this complex phenomenon. On the contrary, this thesis should be treated merely as an attempt to provide a broad introductory overview from the South African perspective, of how this country could begin to address the issue of FDI with the aim of addressing its economic and trade problems, in the context of a changing world trading system of the 1990s.

This thesis presents a comparative analysis of the legal investment frameworks of the European Union and China in African countries. The thesis reviewed financial instruments of foreign direct investments, official development assistance and other official flows. The legal analysis focus on the demand on political conditions to access the financial assistance; under which conditions are the projects tendered; and which labor standards set the parties while the project is implemented. All reflected under the aspect of the fairest condition for African countries. The comparison figured out that the European Union with its demands for the implementation of human rights, democracy and the rule of law facing certain reluctance of most African governments for a full implementation while contrary to that the OneChina principle is broadly acknowledge by African governments to gain investments. When projects are tendered the research presents that the European Union searches for local and regional providers to strengthen African businesses. This with guidelines for core labor laws based on human rights when it comes to the implementation. While China tenders with a strong commercial self-interest and does not set any labor standards relaying on local laws and showing limited interest and understanding when it comes to implementation.

The Agreement establishing the African Continental Free Trade Area (AfCFTA) entered into force on 30 May 2019, and trade under the AfCFTA started on 1 January 2021. The AfCFTA adopted a Protocol on Trade in Services, which entered into force on 30 May 2019, with the aim of establishing a single market for services in Africa. Mozambique signed the AfCFTA Agreement on 23 March 2018 and is still in the process of legal review and harmonization of its domestic legislation to ratify and deposit the Agreement. This mini-dissertation examines the potential legal and regulatory challenges to overcome for the implementation of the AfCFTA Protocol on Trade in Services, in Mozambique, with focus on the initial five (5) priority services: transport; communication; finance; tourism and business service. The research analyses the Mozambican legal framework for the following four (4) modes of supply of these priority services in international trade: cross-border supply, consumption abroad, commercial presence, and presence of natural persons in Mozambique. The Mozambican legal framework has too many measures affecting trade in services and market access. Before the country ratifies the AfCFTA Agreement, it is important to expedite the process of updating and harmonizing its legal framework for trade in services to accord with the best practices under the AfCFTA Protocol on Trade in Services. The research recommends that Mozambique must address the legal and regulatory challenges to supply of services and provide effective market access to boost intra-African trade in services. It further recommends that Mozambique must invest in capacity building and training of all public stakeholders and institutions in the trade area as well as the private sector. / Mini dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (International Trade and Investment Law in Africa) / Unrestricted

The world of international trade is dominated by non-state entities and individuals as opposed to states. States are at the forefront in rule making and are obligated to implement the various trade rules that stem from trade agreements that they have ratified. In cases where there is non-compliance with these trade agreements, states seldom sue one another to ensure compliance at regional level. The consequences of the failure to enforce provisions laid out in trade agreement affect the non-state entities and individuals the most, as they are predominantly the drivers of international trade. The irony is that some of these trade agreements acknowledge the role of private parties in international trade and award them rights in some instances, but they rarely accord them locus standi before international adjudicative bodies to resolve their trade disputes against states. The role private parties play in regional and economic integration cannot be understated. However, there are multiple challenges that private parties face when they seek to resolve trade disputes. The main objective of this research is to interrogate the importance of awarding private parties locus standi before the AfCFTA and the RECs dispute settlement system. / Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (International Trade and Investment Law in Africa) / Unrestricted

The importance of technology transfer for economic development can hardly be overstated. Both the acquisition of technology and its diffusion foster productivity growth. However, invention and creation processes remain overwhelmingly with the developed countries. Developing countries rely largely on imported technologies as sources of new productive knowledge and socio-economic growth. Many businesses and entities in developing countries, however, face significant obstacles in their efforts to enter into technology transfer transactions with the developed countries. These include high cost, restrictive business practices, the imperfections of state institutions, lack of adequate legal framework, institutional capabilities and arrangements to facilitate the acquisition of these technologies. As a result, many developing countries have long sought to boost technology transfers through national policies and international agreements. National policies cover a wide range of topics, including funding for technological development and acquisition, tax incentives for capital equipment purchases, and Intellectual Property Rights. Many developing nations sought a code of conduct to regulate technology transfers under United Nation auspices in the late 1970s, however till date the Code has not been adopted by member countries. In view of this many countries in the 1990s enacted legislation, regulations and supported international and multilateral arrangements and dialogues focused at supporting technology transfers in order to create a conducive climate for technology transfers to realise the multiple benefits. Ghana, also, in 1992 enacted a primary legislation with several other ancillary legislations to regulate technology transfers. In order to determine whether Ghana has in place adequate and suitable legal and institutional framework for the transfer of technology, laws that regulate the sector must be scrutinize. This study discusses the legal and regulatory framework of technology transfers in developing countries with a particular focus on Ghana. Similar regimes in Nigeria and Egypt which are viewed as having a well-established regime were examined with the aim of recommending best practices from these two countries to the Ghanaian authorities. The study reveals that the current legal and regulatory framework governing technology transfers are obsolete and there is lack of adequate institutional arrangement to regulate technology transfers. The conclusion narrates that Ghana needs to revise the Ghana Investment Promotion Centre Act 2013, Act 865 and Technology Transfer Regulations 1992, LI 1547 the primary legislations governing technology transfers in other to enhance the current framework. Also, Ghana can learn best practices from Nigeria and Egypt where there is well-developed regulatory framework for technology transfers. / Mini Dissertation (LLM (International Trade and Investment law in Africa))--University of Pretoria ,2021. / Centre for Human Rights / LLM (International Trade and Investment law in Africa) / Unrestricted

"Is the SADC Trade Protocol adequate to meet its stated objectives and to address the problems of limited intra-SADC trade?" This thesis will argue that although the protocol has had some impact on intra-regional trade, some provisions contained within it remain a barrier to trade. The thesis will focus on how the SADC protocol on trade can address solve the problems of intra-SADC trade. It will be argued that certain provisions within the Protocol undermine the objectives of the protocol as outlined in Article 2. These provisions include but are not limited to the rules of origin, non-harmonization of external tariffs, derogations to the elimination of barriers in intra-SADC trade provisions found in Article 3, and inadequately tackling non-tariff measures. In examining the protocol, reference will be made to the similar provisions contained in the East African Community (EAC).

To be able to offer a deeper understanding of the topic this work will first examine the concept of legal personality, its meaning and application in the legal framework of international law over the years. Without claiming advanced technological knowledge in scientific areas like robotics and engineering the paper will then try to present some basic overview over the latest developments concerning Artificial Intelligence, such as quantum computing and emotional intelligence. Consequently some suggestions about possibilities of connecting these two topics will be made. The questions introduced will engage with the nature and different forms of legal personhood, its connection to intelligence, autonomy and/or consciousness. This paper aims to create a more practical and not a general, hypothetical idea of how an AI agent could be granted international legal personality and what could be the possible effects of that (for example rights and obligations). For this purpose it will focus on the recognised subjects of international law and examine on their example an AI agent as a possible future actor in international legal relationships. Subject of reference will be international law and recent developments in EU law, such as the European Parliament initiative to regulate Artificial Intelligence as well as some regulations and “visions” of national legislation, for example Estonia and China. Consequently the dangers of granting legal personhood to AI agents will be presented and discussed. The arguments against the creation of a “technical veil” will be examined closely. The work will then refer to possible advantages and positive aspects of an AI’s legal personhood under international law. In the final chapter a conclusion and some recommendation will be made.

Antidumping policies have developed into essential trade elements in the local and global markets as they can facilitate the adoption of favorable trade policies. The introduction of antidumping policies in South Africa across GVCs has remained instrumental as they have directly influenced the social and economic structures of GVCs and local businesses operating in the region. Anti-dumping policies remain crucial in the development of a competitive and fair business environment. The study explores the impact of anti-dumping policies on GVCs in South Africa through a review of the economic, financial, cultural and social influences of the policies on the local businesses and environment. The review of anti-dumping policies and consequent impact on GVCs remained crucial in the identification of the importance and impact of policy on local and global businesses. The analysis provides an exploration of the impact of globalization and a changing business environment on the workings of an organization and the global market. The study adopts a quantitative analysis that utilized correlation analysis in identifying the impact of anti-dumping policies on GVCs. The results highlight the importance of anti-dumping policies and consequent impact GVCs in South Africa. The majority of the study respondents maintain that the adopted anti-dumping measures remained in-line with the adopted global trade objectives, but also highlighted the existence of a shortfall within the policy implementation process in South Africa. The majority of the respondents maintain that there was no need to remove the historically adopted policies as they remain relevant to the modern day trade processes. However, the study respondents maintain that several additions and changes may be incorporated to cater to the changing trade needs presented by the market. The adoption of recommendations would facilitate the development of a strong trade policy that would promote the strengthening of regional ties. Therefore, the majority of respondents remained in favor of the AD policies in relation to competitive policies and promoted the adoption of additional policies relating to the reduction of labor disruptions, improved infrastructure and the education system. The development of effective manufacturing and implementation systems together with adoption of effective logistical processes would facilitate the adoption and success of the existent trade regulations.

Informal cross border trade (ICBT) includes imports and exports that are traded across borders informally by escaping the normal border procedures like customs clearance. As a consequence of the said informality, ICBT is viewed as illegal cross border activities. Despite the fact that it is not possible to give the accurate extent of ICBT in the East African Community (EAC), it continues to grow by the day and has contributed significantly to economic and sustainable growth. It therefore has the potential to support the ongoing initiatives on poverty reduction and raise the standards of living for a majority of the people. In fact, if properly managed, it definitely has the effect of boosting the economies. The concept therefore that ICBT is illegal trade shows that legislators have not fully appreciated the benefits of this trade and the fact that they have downplayed it means overlooking a significant proportion of trade. The main aim of the study therefore is to give an overview of the nature and scope as well as the significance of ICBT in EAC. In this regard, the three major advantages are that it is a source of employment, assists in eradicating poverty and contributes immensely towards food security in the region. The study also analyzes the Customs Union Protocol and highlights opportunities that can be derived from specific articles for the benefit of the informal cross border traders and eventually comes up with policy recommendations to provide a regulatory environment that can accommodate both the formal and informal sector without harming either of the two. The research has also discussed the regional integration initiatives taken with the aim of promoting economic development in the Community and their effect on ICBT. The route taken by Africa as a whole is market integration which has not been without difficulties. As an alternative, regionalism from below could be the better way forward in the quest for regional economic integration considering ICBT has greatly supported the shrinking formal economy. This would mean tapping into this informal trade by building on those informal trade networks to create a robust economy bearing in mind that is where a substantial proportion of cross-border trade is conducted. This would ultimately lead to formalizing ICBT. While it may seem difficult, the study shows that formalizing ICBT and having its official recognition in the Customs Union Protocol would be a stepping stone to realizing economic integration within the Community. It is a kind of trade that is there to stay and as a result of the shrinking formal economy; EAC will with time have to deal with ICBT as a parallel and alternative source of employment in relation to the formal sector. Therefore, it is necessary that the Community deals with ICBT sooner rather than later considering it has become a social-economic lifestyle for a large number of EAC citizens.