With the signing of the New Partnership Agreement (Cotonou Convention) between the European Union and the African, Caribbean, and Pacific States in June 2000, the trading relationship between Senegal and the European Union (EU) has taken a new direction. Under the new agreement, Senegal must decide by 2004 if it will enter into a Regional Economic Partnership Agreement (REPA) with the EU, similar to a free trade arrangement, or move to an enhanced form of the Generalized System of Preferences (GSP). Given the high percentage of Senegalese groundnut products that are exported to the European Union and the significance of the groundnut sector to the Senegalese economy, this study examines the economic impacts of both options on the Senegalese groundnut sector in conjunction with changes in development funding, infrastructural investments, and structural adjustment policies. Overall, the study finds that the REPA option is the more beneficial for the Senegalese groundnut sector. This result stems partially from the ability of increases in development funding to offset any adverse economic impacts caused by the REPA. Though overall more harmful than a REPA, moving to an enhanced GSP does have the benefit of increasing groundnut (in-shell and shelled) exports by a significant amount. Thus, the Senegalese government must weigh the benefit of a boost in the confectionery sector against the adverse impact on producers caused by the GSP. This study provides needed information for policy decisions by the Senegalese government, and a framework for future modeling efforts pertaining to the Senegalese groundnut sector. / Master of Science

Magister Legum - LLM / Over the past decade countries have embraced globalisation. The depth and influence of globalisation has grown significantly since the 19th century. Globalisation has accelerated mainly due to increased integration in trade with bilateral, regional and multilateral trade negotiations on the rise. Multinational companies have also enlarged which enable production to be done seamlessly in different countries, increase in capital flows such as purchase of assets and bonds has also contributed. Furthermore, the surge on technological innovations and advancement cannot be ignored when one speaks of globalisation this era has been dubbed the technological era additionally there is also the role of migration which enhances labor movements. The world has rapidly shrunk to one global economy. After the World War II countries began to move away from protectionism to liberalised trade and this resulted in the formation of the General Agreement on Tariffs and Trade (GATT) then the World Trade Organisation (WTO) which is comprised of 164-member states. The WTO regulates trade and promotes free trade. Over the years the organisation has been evolving to deal with issues such as climate and technical assistance. Global trade presents challenges which may give rise to the need for countries to protect their domestic industries for political and economic reasons.

Trade agreements play a big part in international trade and have existed for as long as countries have been trading internationally. Countries often agree to sign a trade agreement with their trading partners because trade agreements can stimulate international trade by removing barriers. Trade agreements can also have a negative impact on a country, such as social injustice and economic inequality. South Africa has numerous trade agreements with various countries, one important agreement that South Africa is part of is the regional trade agreement between the European Union (EU) and the African, Caribbean and Pacific (ACP) countries which originated in 1976. The Economic Partnership Agreement (EPA) is a preferential trade agreement which evolved from the Cotonou Agreement which came into force in 2000 and envisioned the creation of mutual trade agreements. When this agreement expired in 2007, the (EPA) was created. The main objective of the EPA’s is to integrate the ACP countries into the world economy. The EU aims to combine trade, politics and development and enhance the political dimension of ACP countries by addressing issues such as corruption, poverty and inadequate development policies. The EU is in favour of the EPA because it will reduce the number of negotiations with various countries, which it currently holds simultaneously. South Africa had some reservations regarding the EPA. South Africa is currently governed by the Trade, Development and Co-operation Agreement (TDCA), which was created with specific goals and also acts as a strategic partnership between the EU and South Africa. If the EPA is implemented in South Africa, it will replace certain elements of the TDCA agreement. South Africa has characteristics of both a developed and developing economy and will be excluded from several of the general trade arrangements of the EPA. The EU is offering duty-free and quota-free access for all the countries except for South Africa. This will result in two different SACU tariffs for imports from the EU. South Africa also argues that various discrepancies will arise between the EPA and TDCA which will cause various challenges regarding political, legal and technical aspects between Southern African countries and this will hinder regional integration amongst these countries. There are various opinions as to which agreement will be more beneficial for South Africa. Where the EPA aims to create a single agreement for all ACP countries, the TDCA is an exclusive agreement between South Africa and the EU, and addresses issues specific to South Africa. The underlying problem is that South Africa has qualities of both a developed and a developing nation and is being excluded from some of the benefits that the EU is offering the other members. This rings some alarm bells, as South Africa and its neighbouring countries are working towards better regional integration. The EPA might have a negative influence on this regional integration because various African countries will benefit differently under the EPA. This Study analyses the possible effects the EPA could have on South Africa’s trade with the EU and South Africa’s neighbouring countries by means of a literature study and an empirical analysis. The first part of literature study gives an overview on trade theories and trade agreements, advantages of free trade, trade barriers and the likeliness of countries to trade with each other. The second part provides an in depth overview of regional and preferential trade agreements and economic integration. The Third section of the literature study gives a complete overview of South Africa and the EU’s economic and trade situation. The Fourth and final section of the literature study provides an overview of the TDCA and the EPA and compares the two agreements. The literature study is followed by an empirical analysis and an overview of the gravity model. The empirical analysis studied the impact of trade barriers on the historic trade between South Africa and the EU using a gravity model as a basis. The gravity model was used as a base for the regression models, because it has proven to give accurate estimations in previous studies done with similar trade data. This study used data for each variable for the time period 2000 to 2010 and was sourced from the World Bank and the International Trade Centre but there are data limitations. Separate models were estimated for exports from South Africa to the EU and imports to SA from the EU. From the import regression results, it was clear that the coefficients were very small and should all tariffs be eliminated, there will not be a significant increase in imports to South Africa from the EU. The export regression results were similar to the results of imports and indicated that if all tariffs should be eliminated with the implementation of the EPA, there will not be a significant increase in exports from South Africa to the EU. However the EPA stretches beyond only trade benefits and because the EU remains one of South Africa’s biggest trade and development partners, it is vital to consider the effects of the EPA. It does appear that the EPA’s main motivator is not international trade, but that it is rather political and development orientated. / Thesis (MCom (International Trade))--North-West University, Potchefstroom Campus, 2013.

Trade agreements play a big part in international trade and have existed for as long as countries have been trading internationally. Countries often agree to sign a trade agreement with their trading partners because trade agreements can stimulate international trade by removing barriers. Trade agreements can also have a negative impact on a country, such as social injustice and economic inequality. South Africa has numerous trade agreements with various countries, one important agreement that South Africa is part of is the regional trade agreement between the European Union (EU) and the African, Caribbean and Pacific (ACP) countries which originated in 1976. The Economic Partnership Agreement (EPA) is a preferential trade agreement which evolved from the Cotonou Agreement which came into force in 2000 and envisioned the creation of mutual trade agreements. When this agreement expired in 2007, the (EPA) was created. The main objective of the EPA’s is to integrate the ACP countries into the world economy. The EU aims to combine trade, politics and development and enhance the political dimension of ACP countries by addressing issues such as corruption, poverty and inadequate development policies. The EU is in favour of the EPA because it will reduce the number of negotiations with various countries, which it currently holds simultaneously. South Africa had some reservations regarding the EPA. South Africa is currently governed by the Trade, Development and Co-operation Agreement (TDCA), which was created with specific goals and also acts as a strategic partnership between the EU and South Africa. If the EPA is implemented in South Africa, it will replace certain elements of the TDCA agreement. South Africa has characteristics of both a developed and developing economy and will be excluded from several of the general trade arrangements of the EPA. The EU is offering duty-free and quota-free access for all the countries except for South Africa. This will result in two different SACU tariffs for imports from the EU. South Africa also argues that various discrepancies will arise between the EPA and TDCA which will cause various challenges regarding political, legal and technical aspects between Southern African countries and this will hinder regional integration amongst these countries. There are various opinions as to which agreement will be more beneficial for South Africa. Where the EPA aims to create a single agreement for all ACP countries, the TDCA is an exclusive agreement between South Africa and the EU, and addresses issues specific to South Africa. The underlying problem is that South Africa has qualities of both a developed and a developing nation and is being excluded from some of the benefits that the EU is offering the other members. This rings some alarm bells, as South Africa and its neighbouring countries are working towards better regional integration. The EPA might have a negative influence on this regional integration because various African countries will benefit differently under the EPA. This Study analyses the possible effects the EPA could have on South Africa’s trade with the EU and South Africa’s neighbouring countries by means of a literature study and an empirical analysis. The first part of literature study gives an overview on trade theories and trade agreements, advantages of free trade, trade barriers and the likeliness of countries to trade with each other. The second part provides an in depth overview of regional and preferential trade agreements and economic integration. The Third section of the literature study gives a complete overview of South Africa and the EU’s economic and trade situation. The Fourth and final section of the literature study provides an overview of the TDCA and the EPA and compares the two agreements. The literature study is followed by an empirical analysis and an overview of the gravity model. The empirical analysis studied the impact of trade barriers on the historic trade between South Africa and the EU using a gravity model as a basis. The gravity model was used as a base for the regression models, because it has proven to give accurate estimations in previous studies done with similar trade data. This study used data for each variable for the time period 2000 to 2010 and was sourced from the World Bank and the International Trade Centre but there are data limitations. Separate models were estimated for exports from South Africa to the EU and imports to SA from the EU. From the import regression results, it was clear that the coefficients were very small and should all tariffs be eliminated, there will not be a significant increase in imports to South Africa from the EU. The export regression results were similar to the results of imports and indicated that if all tariffs should be eliminated with the implementation of the EPA, there will not be a significant increase in exports from South Africa to the EU. However the EPA stretches beyond only trade benefits and because the EU remains one of South Africa’s biggest trade and development partners, it is vital to consider the effects of the EPA. It does appear that the EPA’s main motivator is not international trade, but that it is rather political and development orientated. / Thesis (MCom (International Trade))--North-West University, Potchefstroom Campus, 2013.

yes / Not only is the participation of developing countries in international trade negotiations growing, so is their influence over the global trade agenda. This article highlights the increasing activism and impact of African states through a detailed study of the current Economic Partnership Agreement (EPAs) negotiations with the European Union (EU). In examining African resistance to EPAs, the article develops a constructivist approach to North-South trade negotiations that pays close attention to the role of development discourses. We argue that the growing willingness of African states to challenge the EU to deliver on its development promises during the decade-long EPA process was crucial to informing their sustained opposition to the EU’s goal of completing a comprehensive set of sub-regional economic agreements. We document African resistance to EU trade diplomacy in the EPAs, exploring how these otherwise weak countries were able to pursue normative-based negotiation strategies by recourse to the EU’s promise of a ‘development partnership.’

O presente trabalho tem como escopo analisar a figura jurídica do contrato de programa, instituída pela Lei federal n. 11.107/05, como modalidade contratual apta e adequada a viabilizar a prestação de serviços públicos em regime de gestão associada entre os entes federativos ou entre estes e um consórcio público. O contrato de programa está inserido numa nova racionalidade administrativa, imprimida no Brasil com relevo a partir da publicação da Emenda Constitucional n. 19/98 racionalidade esta segundo a qual a Administração Pública tem o seu caráter impositivo e de unilateralidade arrefecido, em prol da concertação, tanto entre os entes públicos, quanto entre estes e entidades privadas. Nesse contexto, o contrato administrativo adquire novos contornos, celebrando o acordo e a consensualidade entre as partes em prol da obtenção de melhores resultados e da eficiência administrativa. A Emenda Constitucional n. 19/98, ao inserir na Constituição da República o artigo 241, referendou a cooperação entre entes federativos, já prevista no parágrafo único de seu artigo 23, ao autorizar a gestão associada de serviços públicos. Entretanto, somente em 06 de abril 2005 essa atuação cooperativa no âmbito da prestação de serviços públicos é regulamentada, com o advento da Lei federal n. 11.107. Nessa égide, a figura jurídica do contrato de programa será examinada num cenário de transformação do instituto do contrato administrativo e inserida no modelo de federalismo cooperativo vigente no Brasil. Ao final, serão apreciados alguns instrumentos jurídicos que demonstram como vêm se dando as experiências de gestão associada de serviços públicos desde o advento da Lei federal n. 11.107/05 na seara do saneamento básico. / This paper aims to discuss the public-public partnership agreement, grounded on the Brazilian legislation by the Federal law n. 11.107/05, as the appropriate instrument to enable the associated provision of public services between the federated units or between those and a public consortium. The public-public partnership agreement is inserted in a new administrative rationality, which gained relevance in Brazil as the Constitutional Amendment n.19/98 was published. According to this rationality, the Public Administration has its usual authoritarian and unilateral behaviors diminished, leaving more room for administrative concertation between federate units, as well as between those and private entities. In this context, the administrative contract acquires new configurations, giving emphasis to the agreement and to consensuality between the parts involved, aiming better results and administrative efficiency. The Constitutional Amendment n.19/98, as it inserts the article n. 241 in the Federal Constitution text, endorsed the cooperation between federated units, which was already predicted on its article 23, single paragraph, as it authorized the associated management of public services. However, only on April 6th 2005 this cooperative performance, on what concerns the provision of public services is ruled, as the Federal law n. 11.107 is published. Accordingly, the public-public partnership agreement will be examined in a scenery of transformation in the administrative contract configuration and situated in the cooperative federalism structure adopted in Brazil. At the end, some legal instruments on sanitation will be examined, in order to illustrate how the experiences concerning the public services associated management have been taking place since the publication of the Federal law n. 11.107/05.

O presente trabalho tem como escopo analisar a figura jurídica do contrato de programa, instituída pela Lei federal n. 11.107/05, como modalidade contratual apta e adequada a viabilizar a prestação de serviços públicos em regime de gestão associada entre os entes federativos ou entre estes e um consórcio público. O contrato de programa está inserido numa nova racionalidade administrativa, imprimida no Brasil com relevo a partir da publicação da Emenda Constitucional n. 19/98 racionalidade esta segundo a qual a Administração Pública tem o seu caráter impositivo e de unilateralidade arrefecido, em prol da concertação, tanto entre os entes públicos, quanto entre estes e entidades privadas. Nesse contexto, o contrato administrativo adquire novos contornos, celebrando o acordo e a consensualidade entre as partes em prol da obtenção de melhores resultados e da eficiência administrativa. A Emenda Constitucional n. 19/98, ao inserir na Constituição da República o artigo 241, referendou a cooperação entre entes federativos, já prevista no parágrafo único de seu artigo 23, ao autorizar a gestão associada de serviços públicos. Entretanto, somente em 06 de abril 2005 essa atuação cooperativa no âmbito da prestação de serviços públicos é regulamentada, com o advento da Lei federal n. 11.107. Nessa égide, a figura jurídica do contrato de programa será examinada num cenário de transformação do instituto do contrato administrativo e inserida no modelo de federalismo cooperativo vigente no Brasil. Ao final, serão apreciados alguns instrumentos jurídicos que demonstram como vêm se dando as experiências de gestão associada de serviços públicos desde o advento da Lei federal n. 11.107/05 na seara do saneamento básico. / This paper aims to discuss the public-public partnership agreement, grounded on the Brazilian legislation by the Federal law n. 11.107/05, as the appropriate instrument to enable the associated provision of public services between the federated units or between those and a public consortium. The public-public partnership agreement is inserted in a new administrative rationality, which gained relevance in Brazil as the Constitutional Amendment n.19/98 was published. According to this rationality, the Public Administration has its usual authoritarian and unilateral behaviors diminished, leaving more room for administrative concertation between federate units, as well as between those and private entities. In this context, the administrative contract acquires new configurations, giving emphasis to the agreement and to consensuality between the parts involved, aiming better results and administrative efficiency. The Constitutional Amendment n.19/98, as it inserts the article n. 241 in the Federal Constitution text, endorsed the cooperation between federated units, which was already predicted on its article 23, single paragraph, as it authorized the associated management of public services. However, only on April 6th 2005 this cooperative performance, on what concerns the provision of public services is ruled, as the Federal law n. 11.107 is published. Accordingly, the public-public partnership agreement will be examined in a scenery of transformation in the administrative contract configuration and situated in the cooperative federalism structure adopted in Brazil. At the end, some legal instruments on sanitation will be examined, in order to illustrate how the experiences concerning the public services associated management have been taking place since the publication of the Federal law n. 11.107/05.

The member states of European Union (EU) and a group of African, Caribbean and Pacific (ACP) states are currently negotiating for new trading agreements compatible with World Trade Organization‘s (WTO) rules. Whereas both the EU and the ACP states are in agreement that the new trading arrangements must be WTO compatible, there is no consensus on the format of the new trading agreements. The EU has insisted that the new trading arrangements should be in the form of free trade agreements, established under Article XXIV of General Agreement on Tariffs and Trade (GATT). Unlike the previous EU – ACP trade agreements which were non – reciprocal, Article XXIV requires that the new trading agreements should be reciprocal. Consequently the EU has gone ahead to negotiate for reciprocal Economic Partnership Agreements (EPAs) with some of the ACP states. Some ACP countries which are opposed to reciprocity have proposed that the new trading arrangements should be established under the provisions of Enabling Clause. Others have suggested that EU should attempt to apply for a WTO waiver. The Cotonou Agreement, under which the new trading agreements are being negotiated, provides that in case of those countries which are not ready to negotiate for EPAs, the EU should examine alternative possibilities, in order to provide these countries with a new framework for trade which is equivalent to their existing situation and in conformity with WTO rules. So far no alternative trading arrangements have been proposed. Although some ACP countries have agreed to negotiate for Economic Partnership Agreements under article XXIV of GAAT, there is no consensus on the interpretation of key provisions of Article XXIV. Under Article XXIV, the parties are required to remove substantially all trade barriers between themselves within reasonable time. The meaning of the phrases 'substantially all' and 'reasonable time‘ has remained controversial with each party giving an interpretation that favours its interests. Lack of consensus on the meaning of these phrases has hindered the conclusion of negotiations for EPAs. In a nutshell, the question of WTO compatibility presents the biggest hurdle to the conclusion of the new trading arrangements between the EU and the ACP group. This paper is an evaluation of the options available to the ACP countries to conclude WTO compatible trading arrangements with the EU. Chapter one of this paper is an introductory chapter which offers an overview of the entire paper. Chapter two sets out in details the historical background of the economic relationship between the EU and the ACP states. This chapter illustrates the historical background from which the new trading agreements have evolved to help the reader understand certain key features of the current economic partnership agreements. Chapter three looks at the GATT/WTO provisions relevant to the establishment of WTO compatible trading arrangements between EU and ACP countries. Particular emphasis is placed on Article XXIV, the Enabling Clause and the WTO waiver. Chapter four is the main chapter in which the paper explores the possibilities of concluding WTO compatible trading agreements under Article XXIV, Enabling clause and the WTO waiver. Chapter five draws the conclusions of this paper. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

After years of intense negotiations between member states of the East African Community (EAC) and the European Union, an interim Economic Partnership Agreement was finally initialled on the 27 November 2007. This interim agreement is intended to be an instrument for development by furthering poverty reduction, sustainable development, regional integration and integration of EAC countries into the world economy. However provisions contained in the interim agreement have raised legitimate concerns as to their ability to address these development issues. The African ministers of trade identified nine contentious provisions which are regarded as both legally and developmentally problematic. One of these issues is the most favoured nation (MFN) clause under which parties are required to extend to each other any better or more favourable treatment granted to other countries, which are either developed countries or major trading economies. The urgency behind the negotiation of Economic partnership agreements between the EU and the African Caribbean and Pacific Countries (within which category fall the EAC member states) was the requirement for a WTO compliant legal regime to govern the relationship between both parties. Previous trade regimes were challenged by other WTO members for being discriminatory. However provisions in the interim agreement such as the contentious MFN clause are more than what is required for WTO compatible regional trade agreements. The inclusion of the MFN clause poses major challenges to the trade and development needs of the EAC countries especially the least developed among them. This dissertation will attempt to critically analyze the potential implications of the MFN clause to the East African countries particularly Uganda as one of the least developed member states in the region. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

This thesis seeks to explain the outcomes of trade negotiations between the European Union (EU) and seventy-six of the world’s smallest developing countries in Africa, the Caribbean and Pacific (ACP). Puzzlingly, in spite of its vastly greater economic size, the EU was, for the main, unable to realise its objective of concluding six broad and deep free trade agreements with these countries. Deploying first historical institutional analysis then statistical modelling and finally by scrutinising a wealth of primary documents and transcripts of interviews with negotiators, the thesis reveals three factors that influenced outcomes. First, coercive pressure applied by the EU on countries dependent on EU for trade preferences and aid. Second, tactics within the negotiating process, with some ACP countries and regions manoeuvring more effectively than others. Third, differences in the underlying preferences of ACP governments, with most opposing major aspects of the EU’s proposals, but a minority embracing the EPA approach. Probing the underlying reasons, the thesis finds that, contrary to the prevailing literature, lobbying by domestic economic interest groups only provides part of the answer – the analytical and ideational processes within ACP government institutions also exerted an influence. The analysis shows that structural factors, particularly the depth of economic and political dependence on the larger state, establish the range of likely outcomes from a given negotiation. However the preferences of small states and the way in which they interact strategically with the larger state can definitively shape the final outcome. In particular, small states can exercise a degree of resistance and blocking power that is often underestimated. It also sheds light on the formation of trade preferences in small developing countries and shows that in addition to lobbying by external groups, information and ideas within government bureaucracies appear to play an important role.