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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 explores the location and nature of the power that is deepening and broadening the revolution in modern biotechnologies, and which is inherent in the global governance of one type of genetic resource — plant genetic resources. Plant genetic resources are of increasing importance within the global political economy and ecology because of the power/knowledge networks contributing to, and responding to developments in the biotechnology sector, and concerned with the rampant erosion of biological diversity. The thesis argues that transnational norms, values and knowledge are important aspects of power. Discursive power, and particularly the power inherent in discourses of sustainable development, security and human rights, are a central focus of the thesis. The thesis challenges realist, neo-realist and other structural analyses of power which focus on relative distributions of power at the level of individual states or at the global level.

This thesis explores the location and nature of the power that is deepening and broadening the revolution in modern biotechnologies, and which is inherent in the global governance of one type of genetic resource — plant genetic resources. Plant genetic resources are of increasing importance within the global political economy and ecology because of the power/knowledge networks contributing to, and responding to developments in the biotechnology sector, and concerned with the rampant erosion of biological diversity. The thesis argues that transnational norms, values and knowledge are important aspects of power. Discursive power, and particularly the power inherent in discourses of sustainable development, security and human rights, are a central focus of the thesis. The thesis challenges realist, neo-realist and other structural analyses of power which focus on relative distributions of power at the level of individual states or at the global level.

Magister Philosophiae - MPhil

Doctor Legum - LLD

Magister Legum - LLM / In this thesis, the study examines the factors that are believed to be instrumental in this trade imbalance between the European Union and the developing world in the agricultural sector. The study focuses on the main reason for the existence of this imbalance which is the continued use of export subsidies by the European Union. The discussion attempts to highlight the inadequacies which exist in the current trade relationship between the European Union and developing nations , in particular South Africa with regard to agricultural produce. / South Africa

Magister Legum - LLM / At the heart of this study is the topic of small economies in the Multilateral Trade System (MTS). The study examines the World Trade Organisation’s (WTO) legal framework and policy objectives in order to develop a comprehensive definition of small economies as a group of WTO members with specific needs. Particular attention is given to the determination of the specific characteristics of small economies, as well as the issues and constraints they are facing in the MTS. The study explores solutions proposed in order to tackle the constraints to the effective integration of small economies in the MTS, with specific reference to the policy reasoning of small economies. More importantly, the study explores the impact of the size factor, which is certainly not only a burden on the growth and development perspectives of the considered entity, but which may also become an advantage and promotes the trade performance of a small economy. Hypotheses are then made relating to the relevance of the economic and political environments in the determination of a successful (or not) integration, and participation, of a small economy in the MTS. A crucial argument developed is that the differences observed between countries sharing similar characteristics of smallness, vulnerability and remoteness/landlockedness, illustrates the fact that what ultimately matters is the interplay of factors related to the economic and political environments, the effect of which is to promote or constrain (depending on the case) successful integration of the small economy in the MTS. / South Africa

Magister Legum - LLM / South Africa