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Analysing the Legal and Regulatory Framework of Technology Transfer Regimes in Developing Countries : The case of GhanaOsei, Emmanuel January 2021 (has links)
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
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Firm behaviour in international marketsDemir, Fitnat Banu January 2012 (has links)
This thesis consists of three essays on fi
rm behaviour in international markets. Abstracts can be found at the beginning of their respective chapters. The fi
rst chapter, titled "Trading Tasks and Quality", presents a tractable trade model that combines vertical product differentiation at the firm-level with international fragmentation of production to explain some recently unearthed stylised facts about exporters in developing countries. In line with the recent empirical evidence, it suggests that there is a close link between exports and imports at the
firm-level, and it is quality that establishes the link between the two. The second and third chapters revisit the debate on globalisation and wage inequality. The second chapter, titled "The Trade and Wages Debate Revisited: A new explanation for an old mystery", develops a general equilibrium model where trade liberalisation between two identical countries increases wage inequality in favour of white-collar workers. It shows that country characteristics, such as the relative endowment of white-collar workers and the degree of competition, matter for the equilibrium level of wage inequality after trade liberalisation. The endowment of white-collar labour also affects the level of openness; an increase in the worldwide supply of white-collar labour expands the range of traded goods and increases the volume of trade in already-traded goods. Furthermore, it improves global welfare. The third chapter, titled "Cross-border Mergers and Wage Inequality", focuses on another aspect of globalisation and its effect on wage inequality. It suggests a two-way relationship between cross-border mergers and wage inequality: on the one hand, wage inequality in favour of white-collar workers increases the pro
tability of cross-border mergers; on the other hand, at any level of openness, wage inequality is lower in the presence of cross-border mergers than in their absence. Therefore, participation of a country in global business raises wage inequality, but its level is lower under trade and investment integration compared to trade integration only.
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Making a case for the resuscitation of the Southern African Development Community (SADC) TribunalMakhulathi, Sive 30 September 2021 (has links)
The birth of the SADC Tribunal marked a period of hope for human rights victims in the SADC. Initially, the Tribunal could hear commercial, labour and human rights law disputes. Individuals who no longer have hope on their national courts, could bring the complaints to the Tribunal. However, a very dramatic change took place following the challenges in the Zimbabwean expropriation of land without compensation. Following the defeat in the land grabs case, the Campbell case, instead of complying with court ruling the Zimbabwean government lobbied other SADC member states to challenge the jurisdiction of the Tribunal. This challenge to the human rights jurisdiction was calculated to render the Tribunal ineffective. The SADC states saw the Tribunal as nothing other than a monster that their sovereignty. Subsequently, the Tribunal was suspended, with the adoption of the new 2014 Protocol to the Tribunal. The new Protocol limits the jurisdiction of the Tribunal to interstate disputes only and excludes the submission of human rights complaints by individuals and entities from the region. This undoubtedly and unjustifiably deprive SADC citizens of their right of access to justice. Not only that this create a gap in the eyes of justice, it also reduces the role of the court as one of the institutions of the SADC. The Constitutional Court of South Africa has ruled that the suspension of the Tribunal and ordered the President of South Africa to withdraw from the new 2014 Protocol. This was followed by the Tanzanian High Court, which left the consideration of the signature to the new Protocol a matter of the Executive. Therefore, this writing make a case for the restoration of the SADC Tribunal. In its advocacy, this study focuses on the role played by regional courts in integration and the need of the Tribunal on human rights natters from individual complaints. / Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2021. / NRF / Centre for Human Rights / LLM (International Trade and Investment Law in Africa) / Unrestricted
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The Legal Framework on Trade Relations with third parties in KenyaDahir, Leyla Ahmed January 2021 (has links)
The East African Community (EAC) allows its signatories to pursue and sign trade deals with nations outside the CU as long as the trade agreement does not violate the EAC Treaty. The EAC is one of eight regional groups that comprise the African Continental Free Trade Agreement's foundation (AfCFTA). All eyes are on the continent at the moment, as the race for Africa is reignited. This is why it is critical to establish a framework that will serve as the foundation for future discussions between AfCFTA partner states and third nations. Whereas ties within the EAC are already fragile, Kenya proceeded to negotiate an Economic Trade Agreement (EPA) with the United Kingdom at the expense of other EAC member states, a move criticised by both the African Union and other EAC members. The purpose of this study is to examine the legal framework that governs EAC partner state trade relations with countries that are not members of the EAC in order to identify any gaps in the existing laws. Additionally, this research investigates the provisions of the Kenya-UK agreement in order to determine the agreement's impact on the EAC. Finally, proposals are offered to enhance the community's current position, which is adapted to EAC's status as a customs union. The research's fundamental finding is that, while the community has regulations governing member states' trade dealings with third nations, there are loopholes in the legislation that must be remedied as soon as possible to avoid another member state from exploiting the lacuna. / 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
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The importance of corporate ownership and control structures in economic sovereigntyPaiva da Silva, João Luís January 2018 (has links)
Throughout the period of neoliberal globalisation the ability of nation states to shape economic outcomes has been significantly diminished. Not only the number of policy tools at their disposal has been reduced, but the pressures of global integration have decreased the effectiveness of those remaining. This dissertation discusses how the state can increase the effectiveness of these remaining policy tools and promote more desirable economic outcomes by shaping corporate governance arrangements and by making use of state-owned enterprises (SOEs). Chapter 2 provides a brief analysis of the global economy since the end of World War II (WWII). It examines the major ideological underpinnings and economic features of two distinct periods – the embedded liberal and the neoliberal. In addition, this chapter also discusses the impact of neoliberal globalisation on national economic sovereignty. Chapter 3 critically examines the Anglo-Saxon model of corporate governance, which is considered as the ‘best practice’ by the neoliberal doctrine with regards to this matter. It is argued that the theories that legitimise this model are fundamentally flawed, and an alternative framework for analysing corporate governance is proposed. Chapter 4 examines the evolution of corporate governance arrangements in three advanced economies – the United States, Japan and Germany – since the end of WWII. In addition, this chapter also addresses the relationship between corporate governance arrangements, national competitiveness, and the effectiveness of policy tools. Chapter 5 analyses the ‘rise’ of SOEs in the early post-WWII period and their subsequent ‘fall’, from empirical and theoretical standpoints. Some important recent developments regarding SOEs are also discussed. Chapter 6 is devoted to examining the Singaporean development experience with special reference to SOEs. The peculiarities of Singaporean SOEs and the role played by them at different stages of Singapore’s economic development are analysed. In addition, different aspects concerning the relevance of SOEs in the contemporary Singaporean economy are assessed.
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Mezinárodní obchod s uměleckými předměty / The International Art TradeKozáková, Kateřina January 2012 (has links)
The present diploma thesis deals with international art trade. It is divided into four chapters. The first chapter introduces key market agents and describes briefly the art market history. It also shortly evaluates the current market situation. The second chapter describes major international art trade centers and analyses key market patterns and electronic trading. The third chapter provides overview of regulations and rules at the US, EU, and Chinese art markets. The last chapter compares investment into art with selected other investment options. This chapter includes also a case study concerning Picasso's late works on paper. The theoretical part of the thesis aims to provide comprehensive overview of the international art trade. The objective of the case study is to analyze evolution of a narrowly defined art market segment in a given period and to compare it with the development of global art market and also with the presumptions resulting from the theoretical part. The other objective of the case study is to compare the return on investment of this art market segment with respect to the S&P 500 shares and gold.
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South Africa's Bank licencing prequirements in light of its banking sector liberalisation commitments under the general agreement on trade in services : a legal perspectiveMukora, Noreen C. January 2014 (has links)
Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted
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