Thesis (Ph.D. (Political & International Studies)) - Rhodes University, 2007.

Doctor Legum - LLD / The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme under the Australia and New Zealand Trans- Tasman judicial system; as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law; the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States.

Magister Legum - LLM

Extensive research has been done on the relationship between financial development (FD) and growth (with the main focus on economic growth). Theoretical models and most of the conclusions reached stipulate that the development of a financial system is one of the essential ingredients for economic growth. A developed financial system is able to provide financial services efficiently to the real sector. This study examines the relationship between FD and manufacturing sector growth of the SACU countries. The study first reviews the theoretical and empirical literature of FD and growth (economic and manufacturing sector). This gives a full understanding of the topic before attempting to empirically study it. It also helps in the selection process of the model and variables to be employed in the study. A balanced panel for four SACU countries, namely Botswana, Lesotho, RSA and Swaziland, for the period 1976 to 2008 was estimated using Zellner‟s Seemingly Unrelated Regression Estimation (SURE) method. Namibia was omitted because of limited data. The SURE model was selected because it performs better than ordinary least squares (OLS) estimation of individual equations in cases where the countries studied can be affected by similar external shocks because they are in the same economic region and also have country specific structural differences which could affect their economic growth. Two measures of FD were used: credit to the private sector provided by commercial banks (FIC) and the ratio of liquid liabilities of commercial banks to GDP (LL). Manufacturing sector growth was measured by manufacturing value added to GDP. The results of the relationship between manufacturing growth and FD were very weak across the countries. The model that used FIC performed better, there was a negative significant relationship found in RSA and Swaziland, while with the model that used LL, all the countries gave an insignificant relationship. The results for Swaziland were very consistent with the past findings of the relationship between FD and economic growth in the country (for example Aziakpono (2005a)). This may be because of the high share of the manufacturing sector in GDP. Theory suggests that a well-developed financial system will have a positive impact on growth, but this was not the case in RSA and Botswana, where in some cases FD had a negative impact on the growth of the sector. The analysis of the countries‟ manufacturing sector development shows that the sector plays an important role in the economies of the SACU countries, especially in terms of employment and exports. The coefficients of trade openness are generally positive, though not significant in some cases. The other control variables gave mixed results across the counties and across the models. Based on the findings, the countries have to develop strategies that will improve entrepreneurial skills. Also the financial development in the small SACU countries is essential in order for all the sectors in the economy to benefit from the financial sector and in turn increase economic growth.

Considering the obstacles to the conclusion of the Doha Round of international trade negotiations, bilateral free trade agreements (FTAs) are the new trend emerging in international relations. Hence, the Southern African Customs Union (SACU) and China intend to negotiate such an agreement in order to promote trade and investment between their markets. However, SACU is an organisation with a colonial legacy that continues to debilitate the economies of its weaker member states. Discrepancies in its administration and operation threaten the integrity of the customs union, especially when third parties are involved. This study assesses the politics of trade in the Southern African Customs Union, and the prospect of a FTA with the People’s Republic of China. It explores the quantity and quality of trade between the parties, as well as the role of the state in encouraging economic diplomacy. The dissertation draws on the experiences of other developing countries that have signed FTAs with stronger economies, in order to provide policy recommendations that will steer sustainable trade relations between SACU and China that will be aligned to SACU’s development agenda. The study concludes that a FTA will stimulate a restructuring of SACU’s trade partners, without creating a significant increase in production or employment. Furthermore, the cost competitiveness of Chinese imports will cripple the respective SACU industries, cause unemployment and negate prospects of new industrialisation in certain sectors of the economy. SACU’s strategy for trade liberalisation should be incremental and sector specific. Copyright / Dissertation (MA)--University of Pretoria, 2010. / Political Sciences / unrestricted

This dissertation argues that in the 1990s and beyond, the character and functions of regions and regionalism have experienced a major transformation. This requires a reconceptualisation of regions and regionalism that transcends state-centrism. The argument here is that the definition of regions and regionalism needs to recognise that other actors also participate in the construction of regions and the practise of regionalism. Up to now, however, theories of integration incompletely deal with outcomes appropriate to developing countries, states and regions. In the context where people remain vulnerable to top-down forms of regionalism driven by the forces of globalisation, this calls for a new approach in the analytical study of regionalism in a transnational context. The contention is that new regionalism, and its variant, developmental regionalism pay attention to the role those organised civil society actors and those marginalised by both globalisation and regionalisation play in promoting regionalism in a transnational context. Historically, state-centric regionalism in southern Africa was not aimed at achieving developmental objectives. In the case of SACU, the argument is that South Africa used its economic strength in a hegemonial way. To counter-act apartheid South Africa’s economic hegemony, SADCC was formed. SADCC achieved limited success in the fields of infrastructural development and in attracting donor aid. The end of the Cold War and the downfall of apartheid compelled these organisations to recast their objectives and purpose. For SACU this meant changing from an organisation dominated by South Africa to a fully-fledged inter-state one. Disconcertedly, however, about the reforms undertook by SACU, is that the disposition of member states remain important in determining the content and scope of regionalism. SADC, on the other hand, has also not sufficiently reform itself to achieve the ambitious goals it set-out for itself. Moreover, while SADC has since its inception in 1992 set-out to involve non-state actors in its regional integration efforts, limited institutional reform in 2000 and beyond, and elites at the forefront of institutional restructuring make it difficult for non-state actors to contribute to sustainable regional integration. In conclusion, this dissertation maintains that sustainable regionalist orders are best built by recognising that beyond the geometry of state-sovereignty, civil society organisations with a regional focus and the ordinary people of the region also contribute to regioness and as such to the re-conceptualisation of regional community in southern Africa.

This paper critically analyses the use of anti-dumping regulation in the Southern African Customs Union (SACU) with specific reference to Botswana. Dumping takes place where products are introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. Anti-dumping duties are an internationally-recognised exception to three core WTO principles namely, bound tariff commitments, most-favoured-nation MFN) and national treatment. The use of anti-dumping in SACU has always been in accordance with existing WTO rules. The new SACU Agreement has important implications for the anti-dumping regime within the customs union. It changed the way in which tariff decisions, including anti-dumping tariffs, are made and it also requires member states to develop legislation on contingency trade remedies such as anti-dumping for the region and to establish national bodies to administer these remedies within different countries. The SACU council has given mandate to the International Trade Administration Commission of South Africa (ITAC) to undertake all trade remedies investigations and imposition of the necessary duties. From the inception of ITAC till now ninety-five percent (95%) of all anti-dumping applications filed at ITAC alleging dumping are instituted by South Africa industries. Thus, only five percent (5%) of all anti-dumping applications are from Botswana, Lesotho, Namibia and Swaziland (BLNS countries). The findings in this paper reveal that Botswana has never filed an application seeking protection of any of its industries. In terms of Article 14 of the SACU Agreement Botswana is in the process of establishing its national body like ITAC. The argument is that, since Botswana has never filed for any trade remedy how effective will this national body going to be? Therefore, critically analyzing the use of anti-dumping regulation is very crucial for Botswana as a SACU member. Such analysis will help assess the effectiveness of SACU institutions such as the tariff board and the Botswana national body to be established. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

This dissertation explored the efficacy of the new Basel III banking standards in SACU, grounded on the conjecture that they are not reflective of economies of SACU, but are merely an intensification of Basel II, rather than a substantial break with it. Firstly, loans and assets were tested for causality, since Basel III believes growth in these variables led to securitization. The leverage ratio has been introduced in Basel III as an anti-cyclical buffer. The OLS technique was employed to test for its significance in determining growth in bank assets. SACU feels the impact of debt, with credit is marginally treated in Basel III and is not introspective of the realities of its economies. ANOVA tests using debt, credit and GDP were done to determine a better method of addressing cyclicality. The leverage ratio was insignificant in Namibia, with debt and credit having momentous impacts on GDP in SACU. / Economics / M. Com. (Economics)

Thesis (MComm)--Stellenbosch University, 2013. / ENGLISH ABSTRACT: Recently countries have become more aware of the potential anti-competitive effects of anti-dumping measures. This is mostly due to the view that anti-dumping measures, as trade policy instruments, are at odds with the objectives of competition policy. According to many economic writers the only rational economic justification for anti-dumping measures is predatory dumping as an extreme form of price discrimination. Apart from the dramatic change in the economic justification for the use of anti-dumping measures over the last decades, there has also been a significant change in the countries that implement these measures. Since the Uruguay Round of Multilateral Trade Negotiations there has been a shift from developed countries to developing countries being the main users of these policy tools. In the last couple of years the member countries of the Southern African Customs Union have been under increased pressure by private firms to enable the use of anti-dumping measures on intra-regional goods trade. However, the appropriateness of utilising these measures on intra-regional trade in the context of a custom union has been a contentious issue in recent economic debate. These measures erect trade barriers among the member states which are against the basic premise of a customs union. This has resulted in most economists calling for the prohibition and replacement of anti-dumping measure with either coordinated domestic or harmonised regional competition policies. In developing the regional and national policies on anti-dumping the SACU member states can follow two main stream approaches. The first is the incorporation of various competition principles into anti-dumping rules to limit the negative welfare and anti-competitive effects of utilising anti-dumping measures, while the second is the abolition of anti-dumping measures in the region which is then replaced by competition policy. The option best suited for SACU depends on the differing viewpoints on implementing anti-dumping measures in a customs union. However, irrespective of which policy combination is chosen, regional and national polices and authorities will have to be created, adapted and/or amended in order to have an effective interaction between anti-dumping and competition policies applicable to intra-regional trade. / AFRIKAANSE OPSOMMING: Lande het ontlangs meer bewus geword van die moontlike negatiewe uitwerking wat maatreëls teen storting van goedere in markte kan hê op plaaslike en internasionale mededinging. Dit is hoofsaaklik as gevolg van die siening dat teen-stortingsmaatreëls, as instrumente van handelsbeleid, se doelwitte teenstrydig is met die van mededingingsbeleid. Volgens vele ekonomiese skrywers is die enigste rasionele ekonomiese regverdiging vir teen-stortingsmaatreëls predatoriese storting as ‘n uiterse vorm van prysdiskriminasie. Afgesien van die dramatiese verandering in die ekonomiese regverdiging vir die gebruik van teen-storingsmaatreëls oor die laaste dekades, het daar ook ‘n beduidende verandering plaasgevind in die lande wat hierdie maatreëls om goedere handel implementeer. Sedert die Uruguay Rondte van Multi-laterale Handelsooreenkomste het daar ‘n verskuiwing plaasgevind van ontwikkelde lande na ontwikkellende lande as die belangrikste gebruikers van hierdie beleidsinstrumente. In die laaste paar jaar het private firmas die lidlande van die Suider-Afrikaanse Doeane-Unie onder toenemede druk begin plaas vir die gebruik van teen-storingsmaatreëls op invoere vanaf die res van die streek. Alhoewel, huidiglik is die toepaslikehid van die gebruik van hierdie maatreëls op handel, in die konteks van ‘n doeane-unie, steeds ‘n omstrede kwessie binne ekonomiese dabatte. Hierdie maatreëls rig handelsversperrings tussen lidlande op wat teen die basiese veronderstelling van ‘n doeane-unie is. As gevolg hiervan is die meeste ekonome van die opinie dat teen-storingsmaatreëls vervang moet word met óf gekoördineerde binnelandse of geharmoniseerde streeks- mededingingsbeleid. Die SADU-lidlande kan twee benaderings volg in die ontwikkeling van streeks- en nasionale beleid oor teen-storingsmaatreëls. Die eerste is the insluiting van verskillende mededingingsbeginsels in bepalings wat handel oor teen-storingsmaatreëls om sodoende die moontlike negatiewe gevolge van hierdie maatreëls te beperk. Die tweede opsie is om teen-storingsmaatreëls op streeks-invoere met bededingingsbeleid te vervang. Die mees gepasde opsie sal af hang van die verskillende standpunte rondom die toepaslikheid van teen-stortingsmaatreëls in ‘n doeane-unie. Alhoewel, ongeag die beleidskombinasie wat gekies word sal nasionale en streeks-beleid en owerhede geskep, aangepas en/of gewysig moet word ten einde ‘n effektiewe interaksie tussen teen-storingsmaatreëls en mededingingsbeleid binne SADU te verseker.

<p>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&rsquo / 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&rsquo / 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.</p>