Magister Legum - LLM / This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Agreement on Agriculture. / South Africa

Magister Legum - LLM / The reason for highlighting the difference between GATT and GATS is to focus on the impact of these agreements on the developing countries and in particular the latter will be the main focus of this paper. The economies and governments of the developing states are struggling to generate sustainable capitol growth and maintain financial stability to enhance economic growth. This is due to dictators who rule in such a manner to maintain power irrespective of the future economic viability of their state. Thus the environment for sustainable economic growth is wrath with political instability, lack of proper financial control and eagerness to attract foreign investment and allowing market access to developed states. / South Africa

Magister Legum - LLM / The main objective of this paper was to explore and evaluate the viability of incorporating the promotion, enforcement and protection of human rights within the WTO agenda, mandate and framework. It further aimed to investigate the viability of accelerating multilateral cooperation amongst international major role players, thus assessing and evaluating the kind of cooperation necessary for the adequate protection and enforcement of human rights by the WTO and major role players involved. / South Africa

Magister Legum - LLM / The main aim of the research was to determine the viability of retaliation as a trade remedy under the Dispute Settlement Understanding. It was to establish whether retaliation as a remedy is beneficial to the entire WTO membership and system. The specific objectives were: to examine the feasibility of damages as an alternative remedy to retaliation; to determine whether there is a need to revise the Dispute Settlement Understanding, for it to adopt a more development friendly approach to dispute resolution; to make recommendations regarding the improvement of the Dispute Settlement Understanding. / South Africa

Magister Legum - LLM / Aims of the research paper is to examine the legal framework  of implemantation and enforcement of DSB recommendations and rulings and to investigate the trend of non-compliance with BSD recommendations and rulings where complianant  is a developing country. / South Africa

Magister Legum - LLM / The objective of this study was to examine and review the main features and works of the arbitration and conciliation working group of UNCITRAL while demonstrating their impact on international trade. / South Africa

This thesis attempts to argue that a post-apartheid foreign policy will no longer be based on seeking legitimacy for the South African Government. Instead, it argues that if South Africa wants to grow, both domestically and nternationally, it will be imperative for it (South Africa) to move from an import substitution trade policy to an export-oriented trade policy. It is further suggested that the export-led strategy will be an important component for the promotion of South African international trade in the post-Cold War era. South Africa cannot improve the status of its trade regime by its own doing. It will require the support and assistance of international organizations and hence, the international community. Following the principles, rules and procedures of the General Agreement on Tariffs and Trade (GATT); it is argued, will help South Africa reconstruct its trade policies on the basis that they are free, fair and above all competitive. Furthermore, maintaining a constantly favourable relationship with the international community will allow easy access to international markets for South African goods and services, and eventually the smooth integration of the South African economy in the international political economy. This study, noting the importance of trade with a dedicated commitment to exports, concludes that although exports would flourish, there will be an immediate need for diplomats to be conversant with contemporary international trade developments. This would require diplomats to be innovative, steadfast and disciplined in their day-to-day negotiations. In the final instance, the role of trade in South Africa's future will ultimately be determined by its trade postures and the type of diplomacy to be used by its diplomats.

The creation of a binding adjudication system under the Dispute Settlement Understanding ("DSU") is one of the major successes of the WTO. However, while the Dispute Settlement Body ("DSB") has experienced a high level of compliance with its rulings, there have been enough failures to raise concerns about compliance with WTO rulings. This in turn endangers the long term viability and legitimacy of the WTO as a decision-making body. This thesis explores the possibility of more effective integration of arbitration as a means of dealing with a small number of problematic cases where compliance with a ruling is doubtful. It considers arbitration as an alternative to what has effectively become an institutionalized litigation system involving panels and the Appellate Body, and as an adjunct to the diplomatic resolution of disputes, particularly for policy driven cases where compliance with WTO rulings is more doubtful. While proposals for the use of arbitration made during the Uruguay Round of negotiations leading to the creation o f the WTO have been realized in the provisions of the DSU, arbitration has never been effectively tested as a true alternative. Further, arbitration as an alternative to the litigation system has been almost entirely ignored in the context of the current debate over reform of the WTO dispute settlement system. After over a decade of WTO decision making, it is now an opportune point to consider meaningful institutional reform that more fully incorporates arbitration as an alternative form of dispute settlement at the WTO in politically difficult cases, and that builds on the existing but underused arbitration provision in Article 25 of the DSU. This thesis challenges the predominant bias towards the litigation system involving panels and the Appellate Body as a one-size-fits-all solution. It explores the potential role of arbitration, in the context of compliance theories, a historical review of the negotiations during the Uruguay Round, and an analysis of the shortcomings of the current DSU that contribute to the problems of non-compliance. / Law, Peter A. Allard School of / Graduate

This thesis is composed of three essays. In the first essay I identify the effects of imposing a broad range of environmental regulations under different market conditions.. I compare four types of regulatory controls under Perfect Competition, Monopoly, and Cournot Competition: Emission Standards, Design Standards, Concentration Standards, and Output Standards. I rank each of the standards in terms of firm profitability, industry output, abatement costs, and social welfare. I derive sufficient conditions for Design, or Concentration Standards, to dominate Emission Standards. I show how the different forms of regulation can raise industry profits by reducing the degree of inter-firm competition. Further, I show how environmental regulations can enhance competition and yield a "double dividend": higher Social Surplus and less pollution. In the second essay I extend the comparison of standards to an open country. I show how a country's choice of regulatory regime influences the level of environmental protection when governments care about the competitiveness of their industries. I show that the mode of regulation can create a "race to the bottom" if regulators behave strategically. I show that Emission Standards permit the race, as do Emission Charges. Design Standards, on the other hand, avoid the race altogether by breaking the link between environmental stringency and industrial competitiveness. Countries using Design Standards will always regulate emissions. This holds regardless of the environmental stance taken by competitor nations. If countries do not behave strategically, then Emission Standards and Emission Charges always dominate Design Standards. In the third essay I use the concept of home biases in traded goods, or "Border Effects", to rank industries and countries in terms of their openness to trade. I first confirm the presence border effects for individual sectors and individual industries among OECD countries for 1970 to 1985. I also examine whether country-specific border effects are determined by the sectoral composition of a country's production. I find limited evidence to support this. Rather, per capita incomes appear to be the most important factor. The conclusion I draw is that the level of development appears to be the prime factor in explaining the differences in country-specific border effects. What countries produce is of some importance. Therefore, we should see continued, though possibly slow, reductions in home biases as all countries continue to develop. This will partially determine the kind of environmental regulation used as well as their level. / Arts, Faculty of / Vancouver School of Economics / Graduate

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