The WTO, tourism and small states: finding policy space to develop This study examines whether the General Agreement on Services (GATS) provides the necessary policy space for small states to pursue their development agendas. Small states in this study are defined in power terms. But the study also focuses on small states in a property sense--those with few diversification options, making the services sector potentially an important avenue for economic growth and diversification. The study seeks to examine critically the parameters that GATS places on policy-making of small states--whether governments are limited to providing a competitive business environment, or if they retain sufficient policy space to shape the development of a sector. The study also looks at the interplay between international and domestic factors in development of policy. The tourism industries of Oman and Qatar provide case studies to examine these issues. Tourism has the potential to contribute to the economies of small states generally, but debate exists as to whether GATS leaves small states with sufficient space to influence the direction of this sector. The similarities between Oman and Qatar in both power and property terms allow for a comparative examination of whether small states can find meaningful policy space. In addition, their domestic dynamics provide insight into the interplay between domestic and international pressures on policy choices. The experiences of Oman and Qatar suggest that there remains some policy space for states to develop their tourism industries in a manner compatible with local aspirations. Governments thus have some scope to direct the shape of the tourism sector beyond merely providing a competitive business environment. But policy direction is influenced by capacity, past experiences and existing norms, and these differences can result in varying outcomes. Additionally, small states must decide their priorities in on-going WTO negotiations in order to maintain existing policy space.

Magister Philosophiae - MPhil / In the process of describing the background to the problem, the author will in this section firstly, explain what the African Union (AU) has implemented, secondly, explain the relevant rules and regulations that need to be adhered to as World Trade Organisation (WTO) members and lastly, explain how the self-financing mechanism might be in contravention of the rules and regulations of the WTO required to be adhered to by all WTO Members.

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.

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 Legum - LLM / The World Trade Organisation (WTO) deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements.1 Furthermore, it has implemented a dispute resolution process aimed at enforcing participants' adherence to WTO agreements. Ideally, all WTO member states have ‘a level playing field’ in terms of access and equal rights under the dispute settlement mechanism. Disputes should be resolved in a fair and impartial manner. However, the WTO’s DSS has been criticised for being undemocratic, non-transparent and accountable to none. 2

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

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

Magister Philosophiae - MPhil

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