This thesis analyzes the European Union as an international actor in the context of World Trade Organisation. This thesis discusses the interaction between the EU and the WTO from several important dimensions. This thesis also examines different theoretical perspectives about concepts of actors and actorness, the evolution of trade policy of the EU, and the history of world multilateral trade system as well.

Doctor of Philosophy(PhD) / Globalisation in general and trade liberalisation in particular have impacted on many areas of industrialised governments’ foreign economic policy. Export support is an area which is inevitably affected by trade liberalisation, as governments are expected to decrease their intervention into exports in the name of barrier-free(er) trade. However, if one considers that the 1990s and 2000s have seen governments expanding their trade promotion agencies, increasing funding for export support provision and developing a range of new export support programmes, it is easy to recognise that government export support seems to have grown, rather than diminished over the past decade. This thesis investigates the complex influences of the world trade regime, to create a nuanced picture within globalisation theories - which ultimately explains the paradox of growing government support in the era of deepening trade liberalisation.

When the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was annexed to the Agreement Establishing the World Trade Organisation (WTO) in 1994, it set minimum standards for intellectual property (IP) protection, including protection of patent rights, that must be observed and enforced by all WTO Member States. On the one hand, stringent Intellectual Property protection as seen innovation in the field of science where medical innovation hasled to the creation of live saving vaccines which have reduced prevalence of diseases, ranging from polio to the human Papillomavirus, and invention of antiretroviral medicines which have greatly improved the lives of people living with the Huma Immunodeficiency Virus (HIV). On the other hand, the fulfilment of the obligations under TRIPS has generated a lot of controversy especially as they have been seen as the cause of reduced access to essential medicines in developing countries. / Magister Legum - LLM (Mercantile and Labour Law)

Magister Commercii - MCom / Regional integration dates back to the work of Jacob Viner who distinguished between the terms ‘trade creation’ versus ‘trade diversion’ in the context of the gains from customs unions. Since then regional trade agreements have been entered into all over the world and almost all members of the World Trade organisation are members of at least one trade agreement. Moreover, individual countries have also signed free trade agreements with countries not involved in the same regional block. Also, in this era of globalisation, the demands of the WTO often work against progress to deeper integration in the specific regions.Despite their relatively weak performance, Africa is home to the largest number of regional trade agreements where member states of a particular regional trade block also belong to anther regional block or have signed preferential trade agreements with third countries. This phenomenon of multiple memberships is particularly true of trade blocks in Southern Africa. For example, the DRC, Malawi, Angola, Madagascar, Mauritius, Swaziland, Zambia and Zimbabwe are members of SADC, but also full members of COMESA.This report presents a study on regional integration in Southern Africa and specifically focuses on the presence of overlapping memberships in Southern and Eastern Africa. It provides a descriptive overview of COMESA, the EAC, SACU and SADC where member countries of the former blocks are also members of SADC, but focuses specifically on the problems and challenges due to multiple memberships, such as different approaches to regional integration, problems related to different rules of origin and non-tariff barriers, amongst others.Thereafter the focus is on SADC as regional trade block. The report discusses the establishment of SADC, its main aims and economic performance since its inception and also the special problems and challenges, such as the multiple memberships of its members. Finally South Africa’s preferential trade agreement with the European Union is discussed as example of how multiple membership impact on the development of trade relations between member countries of SADC.

Magister Legum - LLM / The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the most-favoured-nation (MFN) obligation. This obligation requires WTO members, who grant certain favourable treatment to any given country, to grant that same favourable treatment to all other WTO members.2 However, there are several exceptions, three of which include:  actions taken against dumping (selling at an unfairly low price);  subsidies and special ‘countervailing’ duties to offset the subsidies; and  emergency measures, to limit imports temporarily - thus designed to ‘safeguard’ domestic industries. These exceptions serve as remedies both against fair - and unfair trade practices. An example of remedies against fair trade practices are safeguards, and examples of remedies against unfair trade practices are dumping and countervailing duties. Anti-dumping actions are trade remedies/mechanisms available to members of the WTO in facilitating the protection of the industries under certain circumstances. The WTO agreement, which sets out the anti-dumping remedy, is the agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994), also known as the ‘Anti-dumping Agreement’.4 Article VI permits countries to take action against dumping and the ‘Anti-dumping Agreement’ clarifies and expands on Article VI. The two operate together. Dumping is viewed as price discrimination between the domestic and export markets and take place where the export price of a product is lower than the normal value of such product. The normal value is usually determined with reference to the domestic selling price in the exporting country. Adjustments have to be made to the normal value and export price for differences that affect prices at the time that such prices are set, including differences in terms and conditions of sale, taxations, levels of trade and quantities.

For the European Union (EU), the field of trade policy is a main field in which the EU can assert its actorness and build its identity as an international actor. This "superpower" potential arises out of the EU's extensive resource equipment in trade policy and is driven forward by the EU's significant economic interests. To what extent, however, the EU has been able to use its resources to shape the rules of the international trade regime according to its own preferences has remained questionable. This thesis investigates the question of the EU's impact on and power utilisation in the international trade regime by analysing the EU's changing involvement in World Trade Organisation (WTO) negotiations. Drawing from the theoretical concepts of the "international regime" and "power", the thesis proposes an approach centred on the possession, mobilisation and impact of actors' power in international regimes. In particular, the thesis proposes a framework centred on five key elements: specification of the regime, its qualities and focus; the resources or 'underlying power' that actors bring to the regime; the resources derived by actors from the operation of the regime itself, or 'organisationally dependent capabilities'; the manifestation or deployment of resources and strategies by actors in negotiations; and outcomes defined in terms of actors' power over the regime itself. After an examination of the broad context of the WTO's development and the EU's involvement in the international trade regime, this framework is then explored through a detailed study of the EU's involvement in the negotiations over trade in services that took place in the WTO between 1995 and 2005, using evidence from a wide range of documentary sources and from interviews. On the basis of this exploration of trade in services, the thesis finds that despite the EU's outstanding resources, the WTO negotiations have become too complex for the EU to decisively influence them due to a power shift in the international trade regime. The special nature of the trade in services negotiations makes these particularly unmanageable and they do not seem to present the EU with a setting for achieving its preferences. A lack of cooperation among the WTO members in favour of the negotiations has made progress in the negotiations very hard to realise for the EU. At the same time, the erosion of the EU's resources by the shifting attitude in civil society towards trade policy, and an apparent Jack of business support, has increased the challenge for the EU of managing the international trade regime. Questions are therefore raised about the extent to which the EU has responded to change, mobilised its resources effectively and had a consistent impact on the international trade regime since the mid-1990s.

<p><font face="Times New Roman"> <p align="left">This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant &lsquo / political will&rsquo / and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted.</p> </font></p>

<p><font face="Times New Roman"> <p align="left">This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant &lsquo / political will&rsquo / and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted.</p> </font></p>

Doctor Legum - LLD / African countries are faced with the daunting task of providing a comprehensive regulatory framework for their natural resources. This is at both the international and domestic level. The statement is particularly true for emerging African oil producing countries. Related to the above, it can be argued that production quotas, subsidies, and corruption continue to hinder the full liberalisation of the oil sector globally, and in Africa. Also, these three areas are the genesis of some of the prominent issues in the discussions of trade in energy goods. Although Africa is substantially endowed with natural resources like crude oil, it remains at the bottom of the development pecking order; accordingly, it has to get centrally involved in the debate on the regulation of international trade in oil to encourage development and to benefit from the resource. The World Trade Organisation (WTO) and the Organisation of Petroleum Exporting Countries (OPEC) are the most relevant organisations in the collective regulation of production quotas, oil consumption subsidies and the control of corruption in the oil sector. Both organisations, directly for the former, and indirectly for the latter, deal with trade between nations. OPEC‘s mandate is established in the OPEC Statute, while the mandate of the WTO is found in various multilateral and plurilateral agreements. However, the General Agreement on Tariffs and Trade (1994) (GATT), the Agreement on Subsidies and Countervailing Measures (SCM), and the Agreement on Government Procurement (GPA) are the most relevant. The Energy Charter Treaty (ECT) is only discussed where relevant. This is because the treaty is based on the WTO framework. Also, several provisions in the WTO agreements are not fully discussed in the ECT. OPEC which deals with regulation of oil production and to some extent oil prices in member countries has an effect on trade of the commodity. The role of the WTO however, is more direct as it regulates international trade of various vi goods and services. Thus this thesis investigates how the above legal frameworks regulate production quotas, subsidies, and corruption in the oil sector. The results of the foregoing investigation are then applied to African countries, such as, Nigeria, Angola (members of both the WTO and OPEC) and Ghana, an emerging African oil producing country, to assess the impact of these international rules on the countries‘ legal regimes. Ghana has recently developed its crude oil sector. The success of the nascent oil sector of this country may depend on the conception or improvement of a comprehensive legal framework, to regulate international trade in oil. It is apparent that without an effective legal framework to regulate international trade in oil, the discovery of oil in Ghana, may not make any long term positive impact on the current economic conditions. Ghana is a member of the WTO; however, it is yet to join OPEC, despite growing debate on its membership in the organisation.

The World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures (WTO SPS) provide the rights and obligations for members to take phytosanitary measures to protect animal, plant and human life or health. Using the guidelines of the WTO SPS Agreement Article 7 this study evaluated the current SPS transparency capacity of the South African regulatory system. Based on the outcome of the evaluation a Best Practice Model for WTO SPS notification and information management was develop to improve WTO SPS compliance for South Africa Phytosanitary capacities of regulatory systems are challenged with increased global agricultural trade and a proliferation of international and regional phytosanitary standards. International Standards for Phytosanitary measures (ISPMs) are developed by the International Plant Protection Convention (IPPC). The concept of phytosanitary capacity was analysed and the International Plant Protection Convention (IPPC) Phytosanitary Capacity Evaluation (PCE) tool evaluated in terms of its scope, purpose and usefulness. South Africa has attempted to address some of its phytosanitary capacity challenges system and organisational challenges by restructuring and strengthening the capacity of its National Plant Protection Organisation (NPPO) in order to meet the demands of international phytosanitary obligations and commitments. This study evaluates the phytosanitary capacity of South Africa and uses the IPPC Phytosanitary Capacity Evaluation (PCE) tool to identify and assess the current constraints impacting on the capacity. Based on the outcome of the PCE recommendations to address information management and capacity constraints are made. The study the used the IPPC Phytosanitary Capacity Evaluation (PCE) tool to evaluate phytosanitary regulatory capacity constraints impacting on the phytosanitary capacity of Malawi. The results from the PCE for Malawi was compared with the results obtained from the PCE for South Africa. The results highlighted the different levels of phytosanitary capacity between a developing country such as South Africa and a Least Developed Country such as Malawi and made recommendations to address the country specific constraints. / Dissertation (MInstAgrar)--University of Pretoria, 2011. / Microbiology and Plant Pathology / unrestricted