Informal cross border trade (ICBT) includes imports and exports that are traded across borders informally by escaping the normal border procedures like customs clearance. As a consequence of the said informality, ICBT is viewed as illegal cross border activities. Despite the fact that it is not possible to give the accurate extent of ICBT in the East African Community (EAC), it continues to grow by the day and has contributed significantly to economic and sustainable growth. It therefore has the potential to support the ongoing initiatives on poverty reduction and raise the standards of living for a majority of the people. In fact, if properly managed, it definitely has the effect of boosting the economies. The concept therefore that ICBT is illegal trade shows that legislators have not fully appreciated the benefits of this trade and the fact that they have downplayed it means overlooking a significant proportion of trade. The main aim of the study therefore is to give an overview of the nature and scope as well as the significance of ICBT in EAC. In this regard, the three major advantages are that it is a source of employment, assists in eradicating poverty and contributes immensely towards food security in the region. The study also analyzes the Customs Union Protocol and highlights opportunities that can be derived from specific articles for the benefit of the informal cross border traders and eventually comes up with policy recommendations to provide a regulatory environment that can accommodate both the formal and informal sector without harming either of the two. The research has also discussed the regional integration initiatives taken with the aim of promoting economic development in the Community and their effect on ICBT. The route taken by Africa as a whole is market integration which has not been without difficulties. As an alternative, regionalism from below could be the better way forward in the quest for regional economic integration considering ICBT has greatly supported the shrinking formal economy. This would mean tapping into this informal trade by building on those informal trade networks to create a robust economy bearing in mind that is where a substantial proportion of cross-border trade is conducted. This would ultimately lead to formalizing ICBT. While it may seem difficult, the study shows that formalizing ICBT and having its official recognition in the Customs Union Protocol would be a stepping stone to realizing economic integration within the Community. It is a kind of trade that is there to stay and as a result of the shrinking formal economy; EAC will with time have to deal with ICBT as a parallel and alternative source of employment in relation to the formal sector. Therefore, it is necessary that the Community deals with ICBT sooner rather than later considering it has become a social-economic lifestyle for a large number of EAC citizens.

The study is based on inclusive economic transformation and foreign direct investment (FDI) in Namibia's mining industry. The author seeks to find out how the two competing interests can be balanced, so that readers understand the relevance of both to economic growth and poverty alleviation among the society. In doing so, the study uses the distributive justice theory to justify inclusive economic transformation whereas on the other hand, uses the rational choice theory and investment laws to demonstrate the impact of FDI on the Namibian mining industry. Advise and ratings from the World Bank and international rating agencies have been considered in this regard. In addition, the study includes a brief comparative analysis on how economic transformation affects the economy South Africa and Zimbabwe. The comparison is necessary in order to determine whether Namibia will yield different outcomes or it will fall into the same category like its neighbouring countries. Thereafter, the study concludes with a discussion on the recommendations for future.

Comparison of South Africa 's Automotive Investment Scheme to similar trade, export and investment financial assistance (incentives) regimes of Nigeria and Kenya The AIS is a South African government investment incentive offered within South Africa's Automotive Production and Development Program. The intention of the AIS is to grow and develop the automotive sector through investment in the production of new and/or replacement models and components. The overall aim of the research is to analyse whether the manner in which the AIS incentives seek to achieve the above objectives , and the objectives themselves are aligned and furthermore to indicate the potential weakness of the AIS . The analysis of the weaknesses focuses in particular on potential inconsistencies amongst the provisions of the AIS or amongst the provisions of the AIS and the provisions of its sub - components. Furthermore, the research will review whether the economic benefit criteria of the AIS to be fulfilled by applicants are sufficiently detailed or the lack of details creates uncertainty with the interpretation and implementation. Lastly, the paper will review the transparency elements of the AIS. To obtain an answer to this question, the AIS will be analysed and will be compared against the policies and/or legislation of Nigeria and Kenya, where applicable, to determine whether the policies of these two countries could inform the AIS in achieving its objectives. The analysis will be executed in six chapters. The first chapter is an introduction. Chapter two will cover the policy reasons for the introduction of automotive (and manufacturing related) policies in South Africa, Nigeria and Kenya. Chapter three will provide an overview of the policies and, where applicable, the relevant legislation in the three countries that deal with the automotive industries. As the policies of the three countries are very differently construed , the intention of this paper is not to undertake a full and comprehensive overview of all the relevant South African legislation dealing with tax, customs duties or investment protection to investors in the automotive sector because such legislation is currently one of the key pillars of the Nigerian and Kenyan policies . Therefore, the focus will be on comparing the structure, objectives and operation of the policies of Nigeria and Kenya where it is comparable with the AIS or the APDP. The fourth chapter will deal with the investment specific incentives and benefits provided in the three countries , in particular in relation to cash grants and t heir availability (or not) for investors in Nigeria and Kenya. In relation to Nigeria and Kenya the legislation and policies having similar objectives or structure will be discussed. For South Africa the achievements of the AIS will also be analysed briefly to understand how it has performed against its objectives up until 2015. Chapter five will discuss the institutions and government agencies which are authorized and responsible for handling funding applications, for negotiating funding/investment agreements , and approving and monitoring investment projects related to the automotive industry. The final chapter shall conclude on the findings, and highlight the potential weaknesses of the AIS by providing proposals for improvement based on the lessons learnt from Kenya and/or Nigeria, where or if possible.

Includes bibliographical references. / The objective of the research is to assess the strength of a potential exception available to the EU under Article XX (a) of the GATT. This is not the first time that issues to do with animal welfare are being challenged at the WTO dispute settlement system. Animal welfare issues have been at the centre of conflicts from the times of the GATT through to the creation of the WTO. For example, in 1993 a dispute arose when the U.S. adopted a law known as the U.S. Marine Mammal Protection Act which established standards of harvesting tuna using purse seine nets to prevent the unnecessary killing of dolphins. This law entailed that if a country exporting to the U.S. did not meet the standards as specified in the law, the tuna would be embargoed. The Panel ruled against the U.S although the panel report was never adopted because under the old GATT regime, a decision could be blocked by a member state that was unhappy with the decision and the U.S. blocked its adoption. This scenario is no longer possible because under the WTO because of the negative consensus principle. Further, in 1997, under the United States Endangered Act of 1973, the U.S. imposed a ban on the importation of certain shrimp and shrimp products that were not caught using turtle excluding devices (TED)in their nets when fishing in areas where there a significant likelihood of encountering sea turtles. Although the two cases were brought under Article XX (b) exception, they are still important for the seals case because the main reason the products were banned was because the countries who adopted the bans did not subscribe to the methods used in the hunting which raised concerns in their countries. Seals have also come under contention before when in 1983 the EU banned products from ‘whitecoats’ and bluebacks’ a species of seals also known as harp and hooded seals respectively that have not yet been weaned as a result of concerns over their conservation status. The current seal dispute is therefore important for two reasons. Firstly the study is ofparticular importance because the moral exception under GATT is rarely invoked. It will be the third dispute under the GATT specifically to invoke the public morals exception and the second dispute under the WTO. So there has not been a lot of adjudication on the exception. Secondly, it is the first time that a dispute panel at the WTO is adjudicating upon a trade measure adopted for the protection of animal welfare by a Member State purely based on moral beliefs and indignation.

In 1995 the General Agreement on Trade in Services (GATS) came into force. This is the World Trade Organization’s (WTO) legal instrument aimed at regulating multilateral trade in services (TiS). GATS was negotiated in light of the increase in TiS in the world and the need to regulate this area of trade. Prior to GATS coming into force, only trade in goods was regulated at the multilateral level through the General Agreement on Trade and Tariffs (GATT). There are many benefits that come along with TiS and there is a need for developing countries to open up their service markets. Liberalised TiS in developing countries can bring about technological advancement, it enhances competition, it creates employment and it enhances productivity. Opening up the services sector brings about more service suppliers into the economy. The increase in service suppliers means that there will be competition and competition eliminates inefficiency and gives consumers access to a variety of services at low prices. The service areas that SADC countries have comparative advantage in such as tourism and transport are labour intensive, the opening of such sectors will therefore be employment creating across the region. In more technologically complex service areas (like telecommunications) the liberalisation of such sectors allows those countries that trade in such services to spill-over the technical know-how to other countries in the region. Among some of the provisions of GATS that regulate TiS are provisions that define services, identify services areas and modes of trading in services. GATS provides for member states to accord treatment no less favourable than that they give to their services and service suppliers to services and service suppliers that come from other members (MFN treatment). Services from members are also to be afforded national treatment when traded in the territory of another member. The national treatment afforded to services differs from that in GATT in that unlike in GATT national treatment under GATS only comes about as a result of specific commitments made by each member. There are some exceptions to the general rules of GATS. One such exception allows for the establishment of a preferential trade agreements to regulate TiS in a region. In terms of Article V member states can enter into preferential trade agreements to regulate their TiS. The preferential trade agreements established in terms of Article V allow the parties thereto to extend more favourable conditions to the services and service suppliers from the countries that are member states without extending them to the rest of the WTO members.0 In order to satisfy Article V it must be shown that the agreement in question covers a substantial number of sectors and that it eliminates or provides for the substantial elimination of discrimination. There is some flexibility that is however afforded to preferential agreements entered into by developing countries in so far as the elimination of discrimination is concerned. SADC is a Regional Economic Community that was established in 1992 in terms of the SADC Treaty. The SADC treaty provides for the regulation of trade.14 It also provides for the concluding of Protocols when the need arises. In light of the provisions of the treaty and of GATS Article V, SADC recently concluded the SADC Protocol on Trade in Services (SADC TiS Protocol). The Protocol is aimed at liberalising substantial TiS in the Southern African region while at the same time ensuring that the treaty remains consistent with other Protocols that precede it. In light of the provisions of GATS the paper will carry out an analysis of the SADC TiS Protocol. The paper will consider the requirements that GATS places on preferential agreements and assess how far the SADC TiS Protocol goes in satisfying the requirements.

Includes bibliographical references. / The primary purpose of the Tribunal is to ensure adherence to and the proper interpretation of the provisions of the SADC Treaty and its subsidiary instruments and to adjudicate upon such disputes as may be referred to it. It has been pronounced by the Treaty that the Protocol to the Tribunal is an integral part of the Treaty and this distinguishes the Tribunal as playing a significant role within the region. The basis of the Tribunal’s jurisdiction lies in both the Treaty and the Protocol respectively. Article 32 of the SADC Treaty permits reference to the SADC Tribunal of '…any dispute arising from the interpretation, application or validity of Protocols or other subsidiary instruments made under this Treaty, which cannot be settled amicably’. More so, Article 16(1) of the SADC Treaty states that the Tribunal shall be constituted to ensure observance of and the appropriate interpretation of the SADC Treaty and other subsidiary instruments and to decide upon such matters as may be referred to it. Furthermore, Article 14 of the SADC Tribunal Protocol gives the SADC Tribunal jurisdiction over 'all disputes and all applications referred to it in accordance with the Treaty and this Protocol which relate to various SADC instruments. In terms of Article 15 the Tribunal has jurisdiction over legal and natural persons and member states and Article 15(2) subsequently contains an exhaustion of local remedies rule, in regard to natural persons. The Tribunal also functions as a labour tribunal. More so, it has an appellate function in relation, for instance, to the trade panels established in terms of Article 31(b) of the SADC Protocol on Trade. The Tribunal also plays a role of advisory function as stipulated in Article 20 of the Tribunal Protocol. In more general terms it is conspicuous that the SADC Tribunal is expected to serve as a key institution in the SADC legal and institutional integration process. On the 18th of August 2005, The Summit of Heads of State which is the Supreme Policy Institution of SADC, pursuant to Article 4(4) of the Protocol on the Tribunal, appointed the members of the Tribunal during its Summit of Heads of State and Government held in Gaborone, Botswana.48 On 18 November 2005 the Tribunal was inaugurated and the judges were sworn in. The Tribunal received its first cases in 2007 among which most of them were related to labour disputes. The Campbell case was the first matter brought before the Tribunal which dealt with issues of human rights, democracy and the rule of law. The Tribunal ruled against Zimbabwe in this matter and ordered Zimbabwe to, among other things, compensate the applicants for their confiscated farms. Zimbabwe refused to comply with the decision of the Tribunal. The Tribunal referred the matter to the Summit of the Heads of States and Governments for them to impose appropriate sanctions on Zimbabwe. The summit responded by a de facto suspension of the Tribunal. The suspension of the Tribunal and the refusal of Zimbabwe to enforce the Tribunal decisions indicate that the Tribunal is plagued by various problems, especially in relation to the enforcement of its decisions. Nevertheless, it is clear that the Tribunal is pivotal for the pursuit of sub-regional integration of SADC members as it constitutes an integral part of the Treaty. Therefore, the de facto suspension of the Tribunal may have a negative effect on the goals of SADC to '…promote sustainable and equitable economic growth and socioeconomic development that will ensure poverty alleviation with the ultimate objective of its eradication, enhance the standard and quality of life of the people of Southern Africa and support the socially disadvantaged through regional integration.’ Hence, it is the primary objective of this dissertation to conduct an analysis of the various aspects of the Tribunal and its decision in the Campbell case in order to generate recommendations for the strengthening of this judicial institution of SADC pursuant to regional integration.

The popularisation of sustainable development and increasing alarm of the over-exploitation of natural resources and its impact on the environment has forced the international community to recognise that the current condition of the environment is a global concern. Developing alongside this recognition is an awareness of the relationship between economic growth/ trade liberalisation and the environment. The reconciliation of trade and environment necessarily involves international trade organisations and how their policies affect the environment. To this end a large part of the trade and environment debate has involved the World Trade Organisation (WTO) and its approach to trade measures that relate to environmental protection, more specifically, on whether its treatment of non-product related Process and Production Methods is in line with the goal of sustainable development. In a setting where the 'the major cause of the continued deterioration of the global environment is the unsustainable pattern of consumption and production', states have been charged with the responsibility of setting standards that regulate the processes and methods used to produce goods so that the damage to the environment is minimised. Has the WTO been able to balance the goal of trade liberalisation with environmental protection and does its policy in relation to non-product-related Process and Production Methods undermine sustainable development and the ability of states to set their own environmental protection agenda? The dissertation will try to show that while GATT rules are not designed to undermine the objective of environmental protection, their application has reduced the ability of states to set their own agendas in relation to environmental protection. This will be done through an examination of case law with reference to the 'like product' analysis under Article III of the GATT which governs domestic regulations and the treatment they afford to domestic and imported products. It will show that the WTO's reluctance to use non-product related Process and Production Methods as a way of differentiating products, has the potential of undermining the efficacy of ecological protections put in place in pursuit of sustainable development. After an examination of Article XX, the thesis shows that while Article XX provides exceptions to the obligations of member states, it does not provide enough stability and predictability to address the failing of Article III. In doing the WTO has hindered the promotion of sustainable development as PPMs which are largely a response to failed multilateral efforts to achieve consensus on environmental protection.

The objective of this dissertation is to ascertain whether it is possible to have a universally acceptable meaning of good faith and if indeed such a meaning can finally lead to uniformity in the application of the concept in international commercial transactions. It will be argued that such uniformity is possible but that it cannot be achieved without addressing the obstacles that have prevented a uniform adoption of the concept to date and how such difficulties can be solved in international trade. In answering the above question the dissertation will look into the meaning and application of the concept of good faith within international trade instruments, primarily article 7(1) and (2) of the Convention on the International Sale of Goods (CISG); article 1.7 of the UNIDROIT Principles on International Commercial Contracts, and the Principles of European Contract Law (PECL). The purpose of considering these instruments is to identify the current difficulties in the meaning and application of good faith in international commercial transactions and how they can be addressed if uniformity is to be attained. Furthermore the dissertation will also examine the different definitions of good faith and the methods of application adopted by major European legal systems, particularly the German civil code, the Dutch civil code, the Uniform Commercial Code and the position in English law. The purpose for considering these domestic legislations is to identify the possible meaning and application that will be given to good faith in situations where courts and tribunals gap fill with reference to national laws.

The work at hand discusses the role of ‘good faith’ in the meaning of Article 7 of the United Nations Convention on Contracts for International Sale of Goods (CISG). The CISG is a sales convention developed by UNCITRAL with the objective to provide a uniform and fair regime for the international sale of goods. As a consequence, the uniform application of the Convention is main concern of the CISG. Art. 7 provides a method to ensure that the Convention is applied in such uniform way. The provision lays down the three principles of interpretation of the CISG: ‘its international character’, ‘uniformity in its application’ and the ‘observance of good faith in international trade’.

Includes bibliographical references. / This dissertation aims to examine one major issue: namely, the most appropriate competition law for developing countries from the perspective of ‘looking from the inside out’.1 Reference is made particularly to Tanzania, with a close evaluation of its Fair Competition Act, 2003 and some case law, so as to assess the efficiency and effectiveness of competition policy and law within its Tanzanian context. This involves taking into consideration the inherent characteristics of the Tanzanian economy since it is necessary that Tanzania have a competition law that reflects and addresses its particular needs. So the basis of this dissertation is to analyse the efficacy of the Fair Competition Act to deal with the specific requirements of Tanzanian society; and if the result is found to be in the negative, then the dissertation goes on to suggest what type of competition law model Tanzania should develop that will best suit the country’s needs.