Magister Legum - LLM / The general objective of the proposed research is to do a needs analysis for the tourism and hospitality industries of South Africa, Botswana, Namibia, Lesotho and Swaziland. This will be followed by an alignment of these industries with the provisions of the General Agreement of Trade in Services, commonly known as GATS, so that a Tourism and Hospitality Services Charter may be moulded that may be used uniformly throughout SACU. The specific objectives of the research are: To analyze impact assessment reports and studies conducted on the Tourism and Hospitality Industries for all five SACU member states with the aim of harmonizing standards, costs and border procedures. To ecognize SACU member states' schedule of GATS Commitments, especially in the service sectors being investigated, by improving market access, and to recommend minimal infrastructural development levels to be attained for such sectors' support. To make recommendations to harness the challenges faced by the said industries into a working document. To calibrate a uniformity of trade standards in these sectors that shall be used by the SACU membership. To ensure that the template is flexible enough for SACU to easily adopt and use in ongoing bilateral negotiations, for example. / South Africa

Magister Legum - LLM / South Africa

Magister Legum - LLM

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.

In 2003 the United States filed an official complaint against the European Community at the World Trade Organization in regards to the ban imposed on GM crops within the EU, saying that there was no scientific defense for their point of view, and this had created barriers to trade. After one of the longest dispute settlement in WTO history, the body sided with the US and deemed the ban to be restricting free trade. Conflicting research on the safety of GM crops has further complicated the matter and many members of the EU are still choosing to ban GM crops in defiance of the WTO ruling.

The goal of this diploma thesis is to introduce the intellectual property rights protection in the member states of the World Trade Organization and the main agreement that regulates this area, i.e. Agreement on Trade-Related Aspects of Intellectual property Rights. The only discussed topic in the current round of negotiations are geographical indications and the creation of multilateral system for notifying and registering geographical indications for wines and spirits. Moreover, the thesis deals with the work of the TRIPS Council and several disputes related to TRIPS fulfillment.

Diploma thesis deals with the relations between the European Union and the Caribbean, principally with agreements forming their legal and institutional framework. It is theoretically based on the official rules of international trade agreed by the members of the World Trade Organization and on the Articles GATT and GATS. The first part gives information about the Caribbean region, its position in the world economy and about regional intergration, which is the corner-stone of Caribbean's external relations. The second chapter comprises analysis of the specifics of Caribbean countries that form their interests in the international field. Relations with the European Union, agreements that deal with them and specific treatment of developing countries are the subjects of chapter three. The thesis focuses on the Economic Partnership Agreement between the EU and CARIFORUM. Emphasis is on the basic provisions of this agreement on trade, compliance with WTO rules, impact on the Caribbean economies as well as the criticism and evaluation of its benefits. Attention is given to the development aspect of EPA. Last but not least, the thesis refers to the future cooperation under the provisions of this regional agreement.

La baisse généralisée des tarifs douaniers, combinée au développement fulgurant du mouvement delibéralisation à l’échelle mondiale, a entraîné un foisonnement extraordinaire des obstacles nontarifaires. Cette tendance s’explique par la volonté des Etats souverains de limiter l’emprise du libreéchangesur leurs politiques publiques. Ils pratiquent, par le truchement des obstacles non tarifaires, unprotectionnisme qui, au demeurant, est doublement appréhendé. Dans un sens, ce protectionnisme estéconomique. Il vise à protéger les opérateurs économiques nationaux de la concurrence étrangère, leurassurant ainsi des parts de marché au détriment d’autres opérateurs internationaux. Il est dès lors illicite.Dans un autre, le protectionnisme se veut licite dans la mesure où les obstacles non tarifaires sont érigésafin de parer à la négation d’objectifs non économiques légitimes. En dépit du fait qu’elle soitpromotrice du libéralisme, l’Union européenne, conformément à ses traités constitutifs, se veutprotectrice d’un certain nombre de valeurs non marchandes dont elle a du mal à imposer le respect dansle cadre multilatéral de l’OMC. L’atteinte de ce double objectif est recherchée au travers de la pratiqueconventionnelle européenne. Celle-ci est marquée par la conclusion d’accords bilatéraux avecdifférentes régions du monde, dans le cadre d’une entreprise de « maîtrise de la mondialisation ». Sur leplan strictement juridique, trois ordres s’interpénètrent dans l’explication de la pratique conventionnelleeuropéenne des obstacles non tarifaires : l’ordre constitué par les « accords externes », celui del’ « Union européenne » et enfin l’ « ordre multilatéral ». / The generalized decline of tariffs, combined to the dazzling development of liberalism around theworld, led to an extraordinary expansion of non-tariff barriers. This trend is explained by the desire ofsovereign States to restrict the hold of free trade on their internal policies. By using non-tariff barriers,they implement protectionism which is of two kinds. On the one hand, this protectionism is economic. Itaims to protect national economic operators from foreign competition, assuring them market shares atthe expense of other international operators. This protectionism is unlawful. In another hand, theprotectionism must be licit because non-tariff barriers are erected in order to avoid the negation oflegitimate non-economic objectives. Despite the fact that it promotes liberalism, the European Union, inaccordance with constituent treaties, protects non-market values which are hardly defended in WTO.Achieving this double objective is sought through european conventional practice. The latter isdominated by the conclusion of bilateral agreements with different regions through the world. The coreobjective is to « manage globalization ». In this context, three legal orders interact in the explanation ofthe european conventional practice of non-tariff barriers : the « order of bilateral agreements », the oneof « European Union » and the last of « WTO ».

Investigates to what extent international trade and investment policies affect the labour rights of EPZ (Export Processing Zones) workers in Kenya. Audit the existing legal and policy framework for labour protection in Kenya and determines the extent to which the labour rights of EPZ workers in Kenya are protected. Also examines whether whether the EPZs are beneficial to Kenya and identify ways in which the labour rights of EPZ workers can be protected. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Hani Sayed of the American University in Cairo, Egypt. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The Non-Agricultural Market Access Negotiations (NAMA) are being undertaken as part of the Doha Round of negotiations. NAMA negotiations are aimed at the trade liberalisation of industrial goods. Pursuant to the ‘development agenda’ adopted for the Doha Round, the NAMA negotiations also emphasise the development component. Particular emphasis is be made on tariff reductions in products of export interest to developing countries and the negotiations are to take special account of the needs and interests of developing countries, including through less than full reciprocity in accordance with the General Agreement on Tariffs and Trade (GATT) provisions on special and differential treatment (SDT). This research attempts to determine this ‘development agenda’ through the prism of special and differential treatment as provided for in the NAMA mandate. An analysis of the SDT provisions in the World Trade Organisation (WTO) and their application within the multilateral trading system reveals that SDT is a very controversial concept. Developing countries have used SDT to escape the strictures of multilateral trading rules and developed countries have used it as a ‘carrot and stick’ tool, to gain concessions from developing countries in other areas. SDT has further been revealed as a concept whose meaning and content is not very precise. While the provisions in the GATT as well as the Enabling Clause make good political and economic sense, they are not really actionable. This is because the concept is characterised by best-endeavour provisions that lack any legal force and cannot be adjudicated in the WTO Dispute Settlement Body. Developed countries have thus not been called and cannot be called, legally, to account for lack of delivery on their commitments and obligations with regard to SDT. This has effectively constrained the use of SDT as a development tool within the WTO, and, being the only tool being utilised, there needs to be found an alternative way to address development needs in the WTO. The WTO has sought to address this through efforts to amend SDT to make it more precise, effective and operational. The content and meaning of the ‘development agenda’ itself in the Doha Round is very elusive and an effort is made in this paper to determine the appropriate meaning of development in relation to the multilateral trading system. Development as an objective in the WTO is not novel to the Doha Round. The WTO is littered with references to development and the betterment of the human condition in its preamble to agreements and other provisions. Development has to be considered in al its three dimensions: social, political and economical. While this paper does not advocate that the WTO become a fully fledged development institution, it can shape its development agenda in such a way that benefits on the economic front are designed to stimulate socio-economic development as well. An analysis of the NAMA modalities reveals that mercantilist objectives have triumphed in the negotiations and SDT has been lost by the wayside. Developed countries have sought for radical tariff reductions on the part of developing countries, with meagre flexibilities that are further constrained by requirements that no full sector be excluded from the formula cuts. SDT has not been considered and the commitments are not proportional to the development capacity of most developing countries. This is in direct contradiction to the SDT provisions in the GATT that are supposed to guide the negotiations as well as the provision on tariff negotiations. However, the modalities are not legally contestable because the SDT provisions do not hold any legal suasion. The NAMA negotiations reveal a development vacuity within the WTO that needs to be resolved by other means other than the traditional SDT. Taking into consideration the evolving power bases and the politics of the membership of the WTO, this is an imperative. This paper proposes that Aid for Trade is the best option available to the WTO system. The concept does find support in GATT/WTO provisions on SDT and can be modified to be more predictable and sustainable. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted