Thesis (Ph.D.)--McMaster University, 2006. / Supervisor: William D. Coleman. Includes bibliographical references (p. 309-349).

Thesis (Ph. D.)--Yale University, 1997. / Includes bibliographical references (p. 343-362).

Thesis (LL. M.)--Queen's University at Kingston, Canada, 1996. / Vita. Includes bibliographical references (leaves 192-200).

Thesis (master's)--Facultad Latinoamericana de Ciencias Sociales, Sede Ecuador, 2005. / Includes bibliographical references (p. [119]-126).

Thesis (doctoral)--Johannes Gutenberg-Universität, 2004. / Includes bibliographical references (p. 191-215).

O Programa de Pós-Graduação em Relações Internacionais é instituído em parceria com a Unesp/Unicamp/PUC-SP, em projeto subsidiado pela CAPES, intitulado "Programa San Tiago Dantas" / Orientador: Sebastião Carlos Velasco e Cruz / Banca: Rafael Antônio Duarte Villa / Banca: Flávia de Campos Mello / Resumo: Este trabalho tem como objetivo central examinar e problematizar a reflexão sobre o relacionamento entre a Organização Mundial do Comércio e, seu principal arquiteto, os Estados Unidos, à luz de diferentes teorias das Relações Internacionais e de considerações em torno do debate doméstico sobre a OMC nesse país. Observamos a relação entre os EUA e a OMC tanto no que concerne o plano das negociações comerciais multilaterais, como também, no que se refere à dimensão do Órgão de Solução de Controvérsias, tentando estabelecer paralelos com as dificuldades de negociação no âmbito da Rodada Doha. Historicamente, os EUA dominaram os resultados das negociações comerciais multilaterais, prevalecendo na determinação do conteúdo das regras da OMC, assim como, na definição de suas principais características: uma ampla cobertura temática e a presença de um mecanismo judicial que está entre as formas mais avançadas de direito internacional da atualidade. Contudo, estudos indicam que, no plano das negociações comerciais, devido a alterações na economia mundial, a tradicional influência norte-americana foi sendo reduzida ao longo do tempo, apresentando implicações importantes para o processo de produção de regras da organização. Além disso, autores sugerem que a reforma do OSC melhorou o posicionamento das partes demandantes das disputas, mesmo quando essas partes estavam iniciando casos contra os EUA, restringindo assim a capacidade desse Estado de determinar os resultados das disputas e de descumprir seus compromissos internacionais no campo do comércio. Os interesses norte-americanos estão largamente refletidos na OMC e, embora esse seja o traço mais forte a definir o relacionamento entre os EUA e essa instituição, ele não é o único. A interação entre a OMC e os interesses dos EUA parece mais complexa do que alguns teóricos das relações internacionais argumentaram / Abstract: The main purpose of this work is to examine and discuss the reflection on the relationship between the World Trade Organization and, its principal architect, the United States, in light of different theories of International Relations and of considerations over the domestic debate on the WTO in this country. We observed the relationship between the U.S. and the WTO both in respect to the multilateral trade negotiations and with regard to the Dispute Settlement Body, trying to draw parallels with the current difficulties in negotiating the Doha Round. Historically, the U.S. has dominated the results of multilateral trade negotiations, prevailed in the determination of the rules of the WTO and, consequently, in the definition of its main features: a broad coverage and the presence of a judicial mechanism that is among the most advanced forms of international law today. Nevertheless, concerning the multilateral trade negotiations, studies point out that, due to changes in the global economy, U.S.'s influence in this area has been reduced over time, with significant implications for the rule-making process of the organization. Besides that, some authors argue that the reform of the DSB has improved the positioning of plaintiffs in disputes, even when they were starting cases against the U.S. and thus restricted U.S.'s ability to determine the outcome of disputes and disregard its international commitments in the field of trade. U.S.'s interests are largely reflected in the WTO and, although this is the strongest characteristic applied in order to describe the relationship between the U.S. and this institution, this is not the only one. The interaction between the WTO and the U.S's interests may actually be more complex than some International Relations scholars have argued / Mestre

The General Agreement on Tariffs and Trade (GATT) 1994 has resulted in the GATT Contracting States making a renewed commitment to freer global trade and trade liberalisation. These Contracting States signalled their commitment to GATT policies and principles by undertaking to abolish all those non-tariff barriers which were not converted to tariffs and to decrease all tariffs applied by their domestic economies. The movement away from protectionism is intended to bring contracting states in line with the GATT most-favoured-nation and national treatment principles. The only exceptions to these principles are the regional trade arrangements which can be implemented in accordance with Article XXIV of GATT 1947 and the Understanding on the Implementation of Article XXIV of GATT 1947. Regional trade arrangements such as customs unions and free-trade areas have been allowed by the GATT as they are deemed to promote trade liberalisation through the removal of substantially all trade restrictions between countries party to these trade arrangements. In practice this has not been the case, however, as these regional trade arrangements have been known to apply very protectionist trade policies. This research determines whether regional trade arrangements are inherently protective ie does the nature of these regional trade arrangements encourage protectionism? The external trade policies of the European Union (EU), Association of Southeast Asian Nations (ASEAN), Southern African Development Community (SADC) and the Southern African Customs Union (SACU) are analysed to determine whether the contracting parties to regional trade arrangements have corrupted the GATT provisions and so contributed towards the protectionist nature of these regional trade arrangements. The internal trade provisions relating to the implementation of these regional trade arrangements have also been discussed to determine their compliance with Article XXIV of GATT 1947. As all the selected regional trade arrangements have direct or indirect links to South Africa, the implications of the policies chosen by these parties for South Africa have also been discussed. Analysis of the EU, SADC, SACU and ASEAN has shown that prior to the adoption of the GATT 1994, the free-trade areas and customs unions were not implemented in accordance with Article XXIV provisions. These regional trade arrangements have been moulded to fit the economic aspirations of the relevant contracting states. Of the regional trade arrangements accepted by the GATT, free-trade areas have been found to be the least protectionist and are the least likely to be perverted by contracting parties. Customs unions, on the other hand, may encourage contracting parties to protect their economies as they rely on group participation rather than individual participation. Individual Member States become responsible to the group which provides these states with greater economic power. As a result Member States are motivated to protect the new group entity from outside competition. In this way, they are inherently protective. Safeguards are therefore necessary to protect individual non-Member States from such behaviour. The implications of protectionism for South Africa, SADC and SACU have also been discussed.

Anti-dumping duties, safeguards and countervailing duties are collectively, within the context of the WTO, referred to as „trade remedies.‟ More specifically, the imposition of anti-dumping duties is a remedial measure for dealing with imports that cause or threatens to cause injury to local producers. Under the WTO framework, Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on the Implementation of the General Agreement on Tariffs and Trade 1994 provides the rules for applying anti-dumping duties by member countries. Nigeria has been a member of the WTO since 1995 and can only apply anti-dumping duties provided it adheres to the rules governing anti-dumping. The purpose of this study is to ascertain whether the proposed Anti-dumping and Countervailing Bill, 2010 is consistent with WTO jurisprudence on anti-dumping. This study also highlights landmark developments in South Africa‟s anti-dumping system with a view to providing direction to Nigeria in order for its proposed national legislation on anti-dumping to be WTO compliant. / Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted

No description available.

The Southern Africa Customs Union was first established in 1889 between the Cape of Good Hope and the Orange Free State. It has since undergone extensive change resulting in the current 2002 Agreement which includes an institutional framework. SACU’s member states comprise of Botswana, Lesotho, Namibia, South Africa and Swaziland. The Agreement thrives on the principle of free trade within the customs union and common external tariffs on goods entering the customs area. However, as an exception to free trade, article 25(1) of the 2002 Agreement recognises the right of a member state to prohibit the importation or exportation of any goods from its area. This may be done for economic, social, cultural or other reasons as may be agreed upon by the Council. However, article 25(3) prohibits the use of article 25(1) as a means to protect infant industries. As a further exception to free trade, article 26 of the 2002 Agreement recognises the right of all other member states, except South Africa, to protect their infant industries. The protection offered in this article is limited, because the definition of infant industry is not clear as to when the inception of such an industry must be. This causes problems with the application of article 26, especially where an industry was established, but only became operational after the expiry of eight years, or has been established for over eight years on a small scale and needs protection in order to enlarge and intensify its operations. Due to this shortfall, Namibia used its Import and Export Control Act 30 of 1994 to protect a key industry in Namibia, the poultry industry. However, according to article 25(3), this may be considered a violation, because Namibia has used its national legislation to protect an infant industry. The key finding of this study is that the protection of infant industries in SACU is not sufficient to cater for the economic needs of the member states. To this end, SACU must consider allowing national legislation to supplement and monitor infant industry protection in the member states’ areas. In addition, SACUs institutional framework, which is not fully operational at present, must be established to function fully, as this may help address some of the issues in SACU. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014