Doctor Legum - LLD / The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making; and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU – a situation which needs to receive immediate attention. 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. / South Africa

Magister Legum - LLM / South Africa

A major problem emanating from the trade/environment conflict is the use of trade measures, such as restrictions and sanctions, as tools for environmental protection. Proponents of free trade argue that the use of these measures is tantamount to abuse of environmental standards for protectionist ends. This is particularly so if the imposition of the standard amounts to a unilateral act which blocks the entry of a specified product into the market of another member state for reasons other than environmental protection. Environmentalists at the same time argue that free trade will lead to environmental degradation and therefore advocate for the use of trade-restrictive measures to safeguard against the destruction of the environment. The GATT has proved problematic when it comes to the resolution of trade/environment conflicts. The GATT aims at trade liberalisation yet most environmental policies are enforced through trade-restrictive devices like quotas and licences. Article XX of the GATT is anomalous: it does not explicitly mention the environment, yet member states rely on it as an environmental protection clause. This thesis discusses the various issues emanating from the trade/environmental debate. The history of Article XX is reviewed and the issues that arise in the adjudication of Articles XX (b) and (g) in a trade/environment context are analysed in light of the decisions by the GATTIWTO dispute settlement bodies. The role played by Multilateral Environmental Agreements (MEAs) in protecting the environment is discussed. However, the relationship between MEAs and the WTO is also scrutinised as these rule-making bodies often come into conflict: firstly, because they serve two differing interests - on the one hand, MEAs allow for the use of trade restrictive measures in environmental agreements and on the other, the WTO calls for unrestricted trade unless exceptional circumstances exist; and secondly, member states that are party to both the WTO and MEAs are often forced to subscribe to international trade rules that are incompatible with those in environmental agreements. The trade/environmental debate is important to both the developed and developing worlds. The developed world is in favour of environmental policies which protect the environment from degradation. On the other hand, the developing world is in desperate need of the benefits of trade liberalisation so as to cater for high unemployment rates and poor economic growth. The question thus arises as to whether, when environmental issues are promoted, developing countries will not suffer at the expense of developed nations which may engage in protectionist measures under the pretext of environmental conservation. The divide between developed and developing countries is illustrated in Chapter 5 through case studies on coal mining in the USA and South Africa. The conclusion reached is that total co-operation is essential between developed and developing states for success in safeguarding the environment from degradation. Accordingly, the trade/environmental debate cannot be isolated from the conflicting approaches in developed and developing countries. The conclusions in the final chapter seek to strike a balance between trade liberalisation and environmental protection. Recommendations are made on how the trade/environmental challenges could be dealt with and the regulation of trade restrictive devices to exclude, or at least limit, protectionism.

The Southern African Development Community (SADC) declared a Free Trade Area on 17 August 2008. The Free Trade Area is the ultimate objective of the Trade Protocol on trade cooperation in SADC, signed in 1996. The Protocol is supported and complemented by the ambitious Regional Indicative Strategic Development Plan (RISDP). The idea behind the SADC Trade Protocol was to counter the developmental challenges facing SADC member states and to improve the productive and trade capacity of SADC countries. The implementation of the SADC Free Trade Area has been guided by the WTO/GATT regulatory framework on regional trade agreements, particularly GATT Article XXIV, the Understanding on the Interpretation of GATT Article XXIV, as well as the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling Clause). This research seeks to analyse the SADC Trade Protocol's provisions and the implementation of such provisions. To facilitate an understanding of factors that affect the implementation of the SADC Trade Protocol, SADC's institutional and operational framework is discussed from a legal-historical perspective. The provisions of the Trade Protocol are analysed for compliance with WTO/GA TT rules as well as for applicability within the SADC context. The provisions of the WTO/GA TT regulatory framework on regional trade agreements are also analysed with a view to determining whether they are applicable in developing country situations such as SADC. The Free Trade Area is seen as the first step towards regional economic integration in the region and is to be followed by a Customs Union, a Common Market and then eventually an Economic Community with its own central bank and regional currency. It is envisaged that the region will proceed through all these traditional theoretical phases of economic integration between 2008 and 2018. The implementation of the Trade Protocol has been beset with institutional, administrative and infrastructural challenges which pose obstacles to the attainment of the other stages of economic integration in the time frames prescribed in the RISDP. These challenges are assessed for impact on the regional economic integration of SADC by evaluating the progress towards implementing the Trade Protocol provisions and the implementation of measures taken towards the launch of the Free Trade Area. Emerging issues are also identified and analysed for their effect on the Free Trade Area and the general economic agenda of SADC. Of particular note is the Economic Partnership Agreements (EPAs) being negotiated with the European Union where SADC countries are negotiating in four different configurations. An analysis of this EPA situation reveals that it compounds a pre-existing problem: that of overlapping membership of regional trade agreements. Prior to the EPAs and the intensified drive towards the creation of the Customs Union, there was largely no need to rationalise the overlap in regional trade agreement memberships, but it is now a matter of urgency. The overlap in membership has complicated EPA negotiations and places serious doubts on the prospects of complete regional integration in SADC.This research concludes with observations on South Africa's complicated relationship with her SADC neighbours. South Africa's trade policies, as regards both the SADC region and the world, are discussed. Because of its political and economic dominance, South Africa's policies have a ripple effect on the rest of SADC; hence the need for South Africa to be vigilant in formulating and implementing its trade policies.

In their famous paper on the "Big Push", Murphy, Shleifer, and Vishny (1989) show how the combination of increasing returns to scale at the firm level and pecuniary externalities can give rise to a poverty trap, thereby formalising an old idea due to Rosenstein-Rodan (1943). We develop in this paper an oligopoly model of the Big Push that is very close in spirit to the Murphy-Shleifer-Vishny (MSV) model, but in contrast to the MSV model it is easily extended to the case of an economy that is open to international trade. Having a workable open-economy framework allows us to address the question whether globalisation makes it easier or harder for a country to escape from a poverty trap. Our model gives a definite answer to this question: Globalisation makes it harder to escape from a poverty trap since the adoption of the modern technology at the firm level is impeded by tougher competition in the open economy.

In the field of international trade there is an intriguing tension between the ideological allure of free trade and the political reality of protectionism. Typically, the former is favored by scholars while the latter has been more historically prevalent. Protectionism in the form of tariffs and other obstacles trade was generally a preferred trade policy around the globe in the 18th and early 19th centuries. Sweden was no exception and has been seen as highly protectionist and mercantilist during this period. This thesis has sought to shed new light on Swedish trade policy between 1780 and 1830. It has done so by quantifying and homogenizing tariffs and import bans in order to be able to analyze the structure of tariffs. The thesis stands on a theoretical ground which takes into account the different plausible reasons for setting tariffs. It has placed some emphasis on the possible tension between the desire to shelter one’s own industry from foreign competition and the need to use tariffs for fiscal purposes, as an important source of government revenue. It is therefore argued that tariffs need to be separated theoretically and empirically. A simple model is presented which aims to discern three types of tariffs. The model takes into account the tariff rate itself, and also the structure of trade and the presence of domestic substitution. The thesis has found that Swedish tariffs were generally high over the period and that protectionism was prevalent in a large number of economic sectors. There is tentative evidence that protectionist tariffs also distorted trade in certain types of goods, even if they didn’t have an impact on total import levels. Tariffs were also set so as to separate between raw materials and more processed goods, what is called mercantilist differentiation. Substantial empirical support is given to the claim that certain tariffs on inelastic consumption goods were of great fiscal importance, and increasingly so as the period progressed. The fiscal pressure maintained or even increased the import tariffs, which made it possible to decrease tariffs on exports.

Submitted diploma work deals with the Common Agricultural Policy of European Union and its influence on the Czech international trade with agrarian products. Main objective of this thesis is to highlight the changes in agricultural international trade after the Czech Republic's EU accession, which also meant a full adoption of principles of the Common Agriculture Policy. First, the work is focused on historical development and working of the whole mechanism of the common agriculture policy of the EU. All the reforms up to now are given afterwards. The second half of this diploma work is analyzing the Czech agriculture and regarding the comparison of "pre-accession" period with "post-accession" period it shows the changes that have occurred in the Czech agricultural international trade.

The purpose of this master thesis is to define a market entry strategy into Denmark for a SME from Czech republic. The thesis includes a complex analysis of the danish entrepreneurial environment and defining a strategy how to enter the market. The thesis intends to be a useful guide for Czech SME's how to expand on this market.

This thesis deals with the evaluation of the concept of fair trade, specifically its impact on economic, social and environmental spheres of the life of producers and their communities in developing countries. The theoretical part defines the concept of fair trade, presents the historical development of the concept, discusses its main actors, principles and products; finally, it incorporates the issue into the theory of international trade. The main part of the thesis presents selected case studies that examine the impact of the participation in the fair trade system on producers of coffee, cocoa, bananas and sugar cane, and reveal whether fundamental objectives of the movement have been fulfilled in these cases.

Developing countries, and especially Asian are playing an increasingly larger role in international trade. The aim of this thesis is to examine the current status of Asian developing countries in world trade, to analyse the impact of involvement in international trade on their economy in the period since the eighties to today. The work will focus in detail on three selected countries: China, India and Vietnam. In order to meet the objectives of the work mainly used methods are analysis, comparison and induction. Research has been carried to the conclusion that the share of developing countries in international trade Asia continues steadily to grow, but is influenced by developments in the major economies and the main driving force is still China. Shares of other Asian developing countries on the world market are still relatively small. The fact is that international trade has helped these economies to reach positive developments. The results of this study allow readers to have a deeper look into the issue of Asian developing countries in international trade.