Magister Legum - LLM

The Multifibre Agreement ("MFA") regulated textile trade until 1 January 2005. It was predominantly focused on curtailing textile exports from developing countries, like South Africa and China. With the end of the MFA, a textile crisis occurred in South Africa due to the domination of the domestic market by more affordable Chinese textile products. This case study is applied to illustrate the inadequacy of domestic legislation to provide for the resolution of an international trade dispute that affects an industry. No legislation refers to the resolution of the trade dispute by entering into a Memorandum of Understanding ("MOU"), or recourse to the neutral dispute settlement body of the World Trade Organisation ("WTO"). Due to the absence of legislation that directly addresses either forum, all the power is vested• in the government to determine the appropriate course of action. Applications brought by textile industry representative bodies like TEXFED, CLOTRADE and SACTWU were inadequately investigated due to the limited powers of the independent investigative body, ITAC, and were ultimately abandoned. The government entered into a MOU with the Chinese government and in doing so violated international agreements, rights and obligations. An analysis of the inadequacy of the MOU that was entered into and the suitability of the WTO as dispute settlement body is conducted. It is concluded that the current legislation is inadequate in that it doesn't provide for recourse to the WTO and in that it doesn't clearly set out the obligations on government and the independent powers of an independent body. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2012

This thesis deals with the selected vertical restraints on competition that occur in the sector of e-commerce, namely resale price maintenance, dual pricing and most-favoured-nation clauses. The thesis raises the research question what stance the European Commission, the Court of Justice of the European Union, and particularly national competition authorities and courts of the Federal Republic of Germany, the French Republic, the United Kingdom of Great Britain and Northern Ireland, the Italian Republic, the Kingdom of the Netherlands and the Kingdom of Sweden take to the above-mentioned practices. The decisions of the authorities are considered in terms of their degree of strictness towards the vertical restraints in question. From a systematic point of view, the thesis is divided into eight chapters. Its subject, basic questions, aims and methods used are outlined in the introductory chapter. The second chapter, which deals with the concept of e-commerce, mainly provides the definition of the scope of the sector under consideration from a material point of view. The third chapter analyses the results of the European Commission's inquiry into the e-commerce sector, especially its conclusions on the functioning of the sector, its features and trends in this sector, particularly with regard to their...

<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>

No description available.

<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>

<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 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.

Magister Legum - LLM