This study examines the effectiveness of environmental and developmental rights within the SADC region, especially the status of their implementation and enforcement in the DRC and the RSA. The SADC Treaty recognizes implicitly the rights to environment and to development. Unfortunately, the unequivocal commitment to deal with human rights within the region is not translated with equal force into the normative framework established by the Treaty or into SADC’s programmed activities. No institution has been established with the specific mandate to deal with human rights issues, neither are there any protocols or sectors especially entrusted with human rights protection and promotion. The SADC member States do not share the same understanding or agenda on matters pertaining to the respect for, and the promotion, protection and the fulfilment, of human rights at the regional level. The inception of environmental and developmental rights within the Constitution of the DRC is still in its infancy compared to the situation in South Africa. Implementation and enforcement remain poor and need important support from all organs of state and from the Congolese citizens. A strong regulatory framework pertaining to human rights (environmental and developmental rights) remains an urgent issue. Guidance may be found in the South African model for the implementation and enforcement of human rights, although the realization of the right to environment in South Africa is hampered by a number of factors that cause the degradation of the environment. Against South Africa’s socio-economic and political background, the constitutionalization of the right to development remains of critical concern to a sustainable future for all. The Congolese and South African peoples need to be made aware of their constitutional rights, especially their environmental and development rights, and the institutions and the mechanisms available to enforce them. They need to be empowered to demand justice as a right not as an act of charity. It is patently clear that the authorities will not protect the environment or tackle the development agenda unless there is a strong people’s movement to challenge the State and other role players over environmental and development issues and ethics. / Constitutional, International & Indigenous Law / LL.D.

The purpose of this research is to explore the need for, and the legal implications of, harmonising labour laws in the Southern African Development Community (SADC). Chapter One highlights a number of factors that call for the harmonisation of labour laws in the SADC region and discusses some of the reasons why labour laws are not well developed in the region. The influence of globalisation on labour standards in southern Africa and the influence of regionalism on the harmonisation of labour laws are discussed at length. The inference that could be drawn from this discussion is that for a regionalisation process in southern Africa to be successful, there is an urgent need to harmonise the region’s labour law system. This thesis confirms that Southern Africa has many lessons to learn from the regional harmonisation of labour law in the European Economic Community and the current European Union. The implementation of international labour standards in southern Africa is investigated. The main areas examined include (1) freedom of association, (2) collective bargaining, (3) forced labour and (4) discrimination. The findings of this investigation show that there is no uniformity in the implementation of International Labour Organisation (ILO) standards in the SADC region and, therefore, it is recommended labour law should be harmonised in terms of ILO standards. In respect of the benefits to be derived from the harmonisation process, an empirical investigation was conducted in the SADC region and the following is recommended: the harmonisation of labour law in the SADC region will help with the implementation of ILO standards, protection of workers against the economic power of employers in the workplace and maintaining similar benefits for migrants in the region. / Mercantile law / LL.D.

This dissertation examines the causal relationship between inward foreign direct investment (FDI) and economic growth (GDP) in SADC countries. The study investigates, within a panel data context, whether causation is short-term, long-term or both; and explores whether the causal relationship between the two variables differs according to income level. The study covered a panel of 15 SADC countries over the period 1980-2012. In order to assess whether the causal relationship between FDI inflows and economic growth is dependent on the level of income, the study divided the SADC countries into two groups, namely, the low-income and the middleincome countries. The study used the recently developed panel data analysis methods to examine this causal relationship. It adopted a three stage approach, which consists of panel unit root, panel cointegration and Granger causality to examine the dynamic causal relationship between the two variables. Panel unit root results show that both variables in the two SADC country groups were integrated of order one. Panel cointegration tests showed that the variables for low-income country group were not cointegrated, while the variables for the middle-income countries were cointegrated. Since the low-income country group panels were not cointegrated, Grangercausality tests were conducted within a VAR framework, while causality tests for the middleincome country group were conducted within an ECM framework. Panel Granger causality results for the low-income countries showed no evidence of causality in either direction. However, for the middle-income countries’ panel, there was evidence of a unidirectional causal flow from GDP to FDI in both the long- and short- run. The study concludes that the FDI-led growth hypothesis does not apply to SADC countries. The results imply that the recent high economic growth rates recorded in the SADC region, especially middle-income countries, have been attracting FDI. In other words, it is economic growth that drives FDI inflows into the SADC region, and not vice versa. These findings have profound policy implications for the SADC region at large and individual countries. / Economics / MCOM (Economics)

International water law has been unable to translate its principles into effective institutions for the management of shared water resources. National interest has often override any real commitment to the principles of international water law as reflected by the draft Articles of the ILC. Based on the theory of sovereignty, it emphasises a discretionary power to co-operate. However, the community of interest's theory is rather recommended as basis for co-operation. The draft Articles does not take sufficient account of the role domestic water policies, international relations and economics play in the co-operation of states. An integrated approach that considers social and economic effects within an environmental context is proposetL The political economy of water includes the potential of 'virtual water' through the importation of staple grains. A holistic approach, taking global trade in agriculture into account, is recommended. The SADC countries should also consider the potential of regional trade in 'virtual water'. / Law / LL. M. (Law)

Text in English / The study aims to investigate criminal jurisdiction of the visiting SADC armed forces during peace time focusing only on the Republic of Botswana and the Republic of South Africa. Since the adoption of the Declaration and Treaty of SADC, the armed forces of both Botswana and South Africa at times find themselves on each other’s territory. Once in each other’s territory the question of criminal jurisdiction becomes imperative. The two countries seem not to agree on the content of status of force agreements while cooperating in terms of the SADC Treaty. The contentious point is that the death sentence is still a competent sentence for certain offences under certain circumstances in terms of Botswana laws, whereas in South Africa the death sentence was declared unconstitutional. In the absence of any agreement, South African armed forces may face a death sentence while in Botswana and Botswana authorities might not be able to carry out a death sentence over their members for offences committed while in South Africa. In trying to answer the question of criminal jurisdiction while on each other’s territory during peace time, a study of the evolution of jurisdiction is undertaken. The laws of both countries are considered, especially the application and protection afforded by their respective constitutions. The approach followed by the UN in sending a peace-keeping force to conflict areas is analysed. A micro-comparison of agreements concluded by selected countries, more especially the NATO agreement, is undertaken. Treaties as a source of international law are analysed to show that rights can be extended and be limited by agreement. The study concludes by recommending that concurrent criminal jurisdiction with certain qualification seems to be the accepted norm and compromise amongst the international community, and that the two countries may consider this approach as the basis for such agreement. / Public, Constitutional, & International Law / LL.M

Thesis (MA)-- Stellenbosch University, 2013. / ENGLISH ABSTRACT: This study applies a modified bureaucratic policy process model to analyse contemporary South African – Japanese relations, particularly in regards to a proposed Economic Partnership Agreement, and the experiences of Japanese agencies within South Africa. South Africa and Japan are major trade partners, and the Japanese government has a significant presence in the African aid scene via the Tokyo International Conference on African Development (TICAD), and through the works of the Japan International Cooperation Agency (JICA). South African – Japanese relations have been documented in a modest but respectable fashion by a range of researchers, including Alden, Skidmore and Osada. The bureaucratic policy process model has been used in an array of studies on international relations and decision making, notably by Graham Allison. However, it has not been previously applied to South African – Japanese relations. As a result, there is a dearth of information on how bureaucratic dynamics affect Japanese – South African relations. In response to this, a modified bureaucratic policy process model is used to analyse contemporary South African – Japanese governmental relations. A literature review of primary and secondary sources is undertaken, consisting of a historical review of South African – Japanese relations. Following this, a brief overview of contemporary literature on South African – Japanese relations is performed. This includes both secondary sources and primary sources relating to government bureaucracies current priorities and strategies. Material on TICAD is included in this section. Interviews with government officials from both the Japanese and South African governments are carried out using a modified snowball sampling system. The interviews provide insights into the different bureaucratic organization’s priorities and programmes, as well as their relationships with other organizations. From this data, two emergent themes are addressed: the failure of a contemplated Free Trade Agreement / Economic Partnership Agreement and the way in which Japanese agencies, particularly JICA, operate within the South Africa context. It is found that the FTA failed due to welfare concerns from the South African Department of Trade and Industry, as well as greater complications relating to trade agreements in general. These greater complications stem from the involvement of regional bodies such as the South African Customs Union. Japanese agencies are found to be constrained within South Africa by a lack of resources as well as by the independent and somewhat sceptical attitude of South African government agencies towards Japanese aid efforts. It is proposed that the relevance of extra national bureaucracies to the decision making process surrounding the FTA has implications for deploying the bureaucratic policy process model, which has generally only considered national bureaucracies in discussing how decisions are made. It is further suggested that South African trade deals are complicated by the country’s location within the South African Customs Union and the South African Development Community, and the consequent need to consult and negotiate with third parties who are likely to be impacted by such deals. Finally, it is suggested that because both South Africa and Japan face significant, but different economic challenges, they should prioritise improving their economic relations. / AFRIKAANSE OPSOMMING: Hierdie studie het ’n aangepaste burokratiese beleidsprosesmodel gebruik om die hedendaagse betrekkinge tussen Suid-Afrika en Japan te ontleed, veral wat betref ’n voorgestelde ekonomiese vennootskapsooreenkoms tussen die twee lande en die ervarings van Japannese agentskappe in Suid-Afrika. Suid-Afrika en Japan is groot handelsvennote, en die Japannese regering handhaaf ’n beduidende teenwoordigheid op die Afrika-hulptoneel deur middel van die Tokiose Internasionale Konferensie oor Afrika-ontwikkeling (TICAD) en die werk van die Japannese Internasionale Samewerkingsagentskap (JICA). Verskeie navorsers, waaronder Alden, Skidmore en Osada, het die betrekkinge tussen Suid-Afrika en Japan al op beskeie dog aansienlike wyse beskryf. Die burokratiese beleidsprosesmodel is al in ’n rits studies oor internasionale betrekkinge en besluitneming gebruik, in die besonder deur Graham Allison. Tog is dit nog nooit voorheen op betrekkinge tussen Suid-Afrika en Japan toegepas nie. Dus bestaan daar weinig inligting oor hoe burokratiese dinamiek die betrekkinge tussen hierdie twee lande raak. In antwoord hierop is ’n aangepaste burokratiese beleidsprosesmodel dus gebruik om die hedendaagse staatsbetrekkinge tussen Suid-Afrika en Japan te ontleed. Eerstens is ’n literatuuroorsig van primêre en sekondêre bronne onderneem wat uit ’n historiese oorsig van betrekkinge tussen Suid-Afrika en Japan bestaan het. Daarná is ’n oorsig van kontemporêre literatuur oor die verhoudinge tussen die twee lande onderneem. Dít het sowel sekondêre as primêre bronne met betrekking tot die huidige prioriteite en strategieë van staatsburokrasieë ingesluit. Hierdie afdeling sluit ook materiaal oor TICAD in. Onderhoude met staatsamptenare van die Japannese sowel as die Suid-Afrikaanse regerings is met behulp van ’n aangepaste stelsel van sneeubalsteekproefneming gevoer. Die onderhoude bied insig in die verskillende burokratiese organisasies se prioriteite en programme, sowel as hul verhoudings met ander organisasies. Twee temas wat uit hierdie data na vore gekom het, is vervolgens bespreek: die mislukking van ’n beoogde vryehandel-/ekonomiese vennootskapsooreenkoms, en die funksionering van Japannese agentskappe, veral JICA, in die Suid-Afrikaanse konteks. Daar word bevind dat die vryehandelsooreenkoms misluk het weens welsynsbesware van die Suid-Afrikaanse Departement van Handel en Nywerheid, sowel as groter komplikasies met betrekking tot handelsooreenkomste in die algemeen. Hierdie groter komplikasies hou verband met die betrokkenheid van streeksliggame soos die Suider-Afrikaanse Doeane-unie. Voorts blyk Japannese agentskappe in Suid-Afrika aan bande gelê te word deur ’n gebrek aan hulpbronne, sowel as Suid-Afrikaanse staatsagentskappe se onafhanklike en effens skeptiese houding jeens Japannese hulppogings. Die studie doen aan die hand dat die relevansie van bykomende nasionale burokrasieë in die besluitnemingsproses oor die vryehandelsooreenkoms bepaalde implikasies inhou vir die gebruik van die burokratiese beleidsprosesmodel, wat meestal slegs rekening hou met enkele nasionale burokrasieë se rol in besluitneming. Voorts blyk dit dat Suid-Afrikaanse handelstransaksies bemoeilik word deur die land se lidmaatskap van die Suider-Afrikaanse Doeane-unie en die Suider-Afrikaanse Ontwikkelingsgemeenskap, en die gevolglike behoefte om oorleg te pleeg met derde partye wat waarskynlik deur sulke transaksies geraak sal word. Laastens word aangevoer dat aangesien Suid-Afrika en Japan met beduidende dog verskillende ekonomiese uitdagings te kampe het, die verbetering van ekonomiese betrekkinge tussen die twee lande nou voorrang behoort te geniet.

Thesis (MA (Political Science. International Studies))--University of Stellenbosch, 2009. / Europe and Africa share a long history that is characterized both by oppression and development. The relationship between the European Union (EU) and the African, Caribbean and Pacific (ACP) countries is a particularly important aspect of EU development cooperation policy. The developmental history between the EU and Africa started with the Yaoundé Conventions of 1963 and 1969, which were replaced by the Lomé Convention. Unfortunately, the favourable terms and preferential access for the ACP countries to Europe failed and the Lomé Convention was replaced by the Cotonou Partnership Agreement (CPA) in 2000. As a result of a WTO-waiver, the discriminatory non-reciprocal trade preferences, which were previously enjoyed under the Lomé Convention, continued until December 2007. The Cotonou Agreement points out that these trade preferences will be replaced by joint WTOcompatible Economic Partnership Agreements (EPAs). During the EPA negotiations, the EU preferred to negotiate on a regional basis instead of negotiating with the ACP as a whole or with individual countries. Consequently, Sub-Saharan Africa formed two negotiation groups; the Eastern and Southern Africa (ESA) EPA group and the Southern African Development Community (SADC) EPA group, represented by the five Southern African Customs Union (SACU) countries, together with Mozambique and Angola. Although Southern Africa is the region that leads the continent; from an economic perspective, the Southern African states show considerable disparities. Due to the economic differences between South Africa and the BLNS countries (Botswana, Lesotho, Namibia and Swaziland), the interests of the individual SACU countries are diverse and often contradictory, which resulted in complicated EPA negotiations. However, maintaining a favourable long-term trading relationship with the EU is of great importance to the economic and political well-being of the SADC, since the EU is the main trading partner of most African countries. By December 2007, an interim EPA (IEPA) was initialled by the BLNS countries as a result of the pressure to fall back to the unfavourable Generalized System of Preferences (GSP). Due to the bilateral Trade Development and Cooperation Agreement (TDCA) that is in force between South Africa and the EU, South Africa was not negatively influenced by the expiry of the WTO-waiver. The EPA will have a negative impact on regional integration within SADC and will promote distinction within the regional economic communities. Duty free, quota free access was offered to the BLNS countries, but the EU did not extend this offer to South Africa because of the developmental status of the country and the pre-existing TDCA. Consequently, South Africa will be required to export at higher prices and will experience increased competition within the region. The downside of the removal of import tariffs for the BLNS countries is that government revenues will decrease, which might result in income losses and will accentuate poverty. The standstill-clause of the IEPA prevents the SACU countries from diversifying economically and from developing new industries. The Most- Favoured Nation clause primarily impacts negatively on South Africa, since it prevents South Africa from negotiating freely with other countries such as Brazil and China. Furthermore, the strict intellectual property rules of the IEPA undermine access to knowledge and hereby fail to support innovation. The content of a chapter on liberalization of services, that will be included in the full EPA, is still being negotiated. Liberalization of services might lead to more foreign investments in the BLNS countries, as a result of which the quality of services will increase, leading to better education, infrastructure and more job opportunities. However, foreign companies will gain power at the expense of African governments and companies. South Africa is the main supplier of services in the BLNS countries and will therefore be confronted with economic losses when the services sector is liberalized. From an economic nationalist perspective, the EU included numerous provisions in the IEPA that were not necessary for WTO compatibility. However, the EU is aware of the importance of trade agreements for the BLNS countries and found itself in the position to do so to fulfil its own interests. By making use of the expiry date of the WTO waiver; the IEPA was initialled by the BLNS countries within a relatively short period of time. South Africa, in its own national interests, opposed the provisions of the IEPA, which has led to the negotiations deadlock. Because of the economic power and negotiating tactics of the EU and the selfinterested attitude of South Africa in this respect, regional integration is undermined and the poorest countries are once again the worst off. Although Economic Partnership Agreements have to be established, the partnership-pillar is, in my opinion, hard to find.

Thesis (MA)--Stellenbosch University, 2012. / Includes bibliography / ENGLISH ABSTRACT: Conflicts are a prevalent phenomenon in Africa. Of major wars after the Second World War, many occurred on the African continent. Families go to bed not sure of seeing one another on the following day. Conflicts and the lack of peace in Africa have been correctly identified as a major obstacle on the emancipation path that the African masses tread from poverty, underdevelopment and much want. Africa thus needs to take conflict resolution and the maintenance of peace on the continent seriously. One cannot, in any way, attempt to solve something that one does not understand. Research is, thus, important in the search for a peaceful Africa. In expression of such sentiments, the current study was undertaken to gain an understanding of peacemaking in the Southern African Development Community (SADC) region. The study seeks to make a comparative analysis of Namibia’s peacemaking role in this region. Such was wanting or minimal in the literature on Namibia. The study considered two case studies, those of the Democratic Republic of Congo (DRC) and Angola. The study found that Namibia is not only an active participant in SADC peacemaking, but it has contributed to the return of peace and stability in the region; the country played an important role in peacemaking in both the DRC and Angola. It found various similarities and differences between the two case studies. It was established that Namibia takes a twofold approach to peacemaking for it engaged in both diplomatic and military actions. Additionally, the study found that Namibia’s peacemaking role, in the cases considered, was conducted in a secretive manner. This is to say that the approach was somewhat secretive albeit becoming public knowledge later. While all cases are regarded as successful in terms of objectives vis- à-vis results analysis, the study found that the Angolan peacemaking was more successful than the DRC. This comparative analysis is, therefore, presented for those seeking to understand Namibia’s peacemaking in the region and also as a basis for future studies. / AFRIKAANSE OPSOMMING: Konflik is ʼn algemene verskynsel in Afrika. Van die grootste oorloë sedert die Tweede Wêreldoorlog het op die Afrikavasteland plaasgevind. Gesinne gaan saans bed toe sonder om te weet of hulle mekaar die volgende dag sal sien. Konflik en die gebrek aan vrede in Afrika word met reg bestempel as ʼn groot struikelblok vir die Afrikamassas se bevryding van armoede, onderontwikkeling en uiterste gebrek. Afrika behoort dus erns te maak met konflikbeslegting en die handhawing van vrede op die vasteland. Tog kan ʼn mens nie eintlik iets probeer oplos indien jy dit nie volkome begryp nie. Navorsing is dus belangrik in die strewe na ʼn vreedsame Afrika. Hierdie studie is derhalwe onderneem om ʼn begrip te bied van vredestigting in die Suider-Afrikaanse Ontwikkelingsgemeenskap- (SAOG-)streek. Meer bepaald bied die ondersoek ʼn vergelykende uiteensetting van Namibië se rol in vredestigting in die SAOG-streek – ʼn onderwerp waaroor daar tot dusver weinig, indien enigiets, in literatuur oor Namibië te vinde was. Die studie ondersoek twee gevallestudies, naamlik die Demokratiese Republiek van die Kongo (DRK) en Angola. Die navorsing bevind dat Namibië nie net ʼn aktiewe deelnemer aan SAOG-vredestigting is nie, maar ook tot die herstel van vrede en stabiliteit in die streek bygedra het; die land het ʼn belangrike rol in konflikbeslegting in sowel die DRK as Angola gespeel. Verskeie ooreenkomste en verkille tussen die twee gevallestudies het uit die navorsing na vore gekom. Dit blyk dat Namibië ’n tweeledige benadering tot vredestigting volg: Die land onderneem diplomatieke sowel as militêre optrede. Verder het die studie bevind dat Namibië sy rol as konflikbeslegter in die twee gevalle wat ondersoek is op ’n skugter manier vervul het. Dit is om te sê dat die benadering was ietwat geheimsinnig al is dit besig om openbare kennis later. Hoewel alle gevalle as geslaagd beskou kan word aan die hand van die oogmerke en die uiteindelike uitkomste, het die studie bevind dat vredestigting in Angola geslaagder was as in die DRK. Hierdie vergelykende uiteensetting word dus aangebied vir diegene wat Namibië se benadering tot vredestigting in die streek wil verstaan, en dien terselfdertyd as grondslag vir toekomstige studies.

This dissertation examines the causal relationship between inward foreign direct investment (FDI) and economic growth (GDP) in SADC countries. The study investigates, within a panel data context, whether causation is short-term, long-term or both; and explores whether the causal relationship between the two variables differs according to income level. The study covered a panel of 15 SADC countries over the period 1980-2012. In order to assess whether the causal relationship between FDI inflows and economic growth is dependent on the level of income, the study divided the SADC countries into two groups, namely, the low-income and the middleincome countries. The study used the recently developed panel data analysis methods to examine this causal relationship. It adopted a three stage approach, which consists of panel unit root, panel cointegration and Granger causality to examine the dynamic causal relationship between the two variables. Panel unit root results show that both variables in the two SADC country groups were integrated of order one. Panel cointegration tests showed that the variables for low-income country group were not cointegrated, while the variables for the middle-income countries were cointegrated. Since the low-income country group panels were not cointegrated, Grangercausality tests were conducted within a VAR framework, while causality tests for the middleincome country group were conducted within an ECM framework. Panel Granger causality results for the low-income countries showed no evidence of causality in either direction. However, for the middle-income countries’ panel, there was evidence of a unidirectional causal flow from GDP to FDI in both the long- and short- run. The study concludes that the FDI-led growth hypothesis does not apply to SADC countries. The results imply that the recent high economic growth rates recorded in the SADC region, especially middle-income countries, have been attracting FDI. In other words, it is economic growth that drives FDI inflows into the SADC region, and not vice versa. These findings have profound policy implications for the SADC region at large and individual countries. / Economics / M. Com. (Economics)

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