Thesis (M.B.A. (Investec Business School))--Rhodes University, 2006. / A dissertation submitted in partial fulfilment of the requirements of the degree of Masters of Business Administration.

Thesis (doctoral)--Univesität Tübingen, 2004. / Includes bibliographical references.

Thesis (Ph.D.)--York University, 2005. Graduate Programme in Political Science. / Typescript. Includes bibliographical references (leaves 406-423). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pNR11572

Thesis (M.S.)--Montana State University--Bozeman, 2007. / Typescript. Chairperson, Graduate Committee: Gary W. Brester. Includes bibliographical references (leaves 114-120).

More than a century has passed since Canada adopted the first antidumping law in 1904. Similar legislation in most of the major trading nations followed the Canadian legislation prior to and after the World War II. Antidumping provisions were later integrated into the General Agreement on Tariffs and Trade (GATT) after the said war. Today, nearly all developed and developing countries have this type of legislation in place within their municipal legal framework. The subject of antidumping has received growing attention in international trade policy and has become a source of tension between trading nations. This is evident in the substantial increase of antidumping actions since the establishment of the WTO. Antidumping policy has emerged as a significant trade barrier because of its misuse by both developed and developing countries. The primary instruments governing antidumping actions are GATT Article VI and the Antidumping Agreement (ADA). The ADA contains both the substantive and procedural rules governing the interpretation and application of the instrument. Its purpose is to ensure that the instrument is used only as a contingency measure judged upon merit and not as a disguised protectionist device. Given the growing number of countries participating more actively in the world trading system and the notorious misuse of antidumping provisions, there is a vital need to critically analyse the key provisions of the said instruments. This study is an attempt at that academic enterprise. It concludes by giving proposals for future reform of both real and potential future reform of the current WTO antidumping regime. Dumping, antidumping, antidumping regulation, antidumping duties, like products, dumping margin, zeroing, facts available, protectionism, ADA.

No description available.

The Agreement on Agriculture (AoA) was adopted to eliminate the illegitimate use of tradedistorting agricultural subsidies and thereby reduce and avoid the negative effects subsidies have on global agricultural trade. However, the AoA has been fashioned in a way that is enabling developed countries to continue high levels of protectionism through subsidization, whilst many developing countries are facing severe and often damaging competition from imports artificially cheapened through subsidies. The regulation of subsidies in the World Trade Organisation (WTO) has been a highly sensitive issue. This is mainly due to the fear of compromising food security especially by developed countries. Developing countries have suffered negatively from the subsidy programmes of developed countries who continue to subsidize their agricultural sector. This position of the developing countries in the global trade system which has been described as weak, has drawn criticism that the WTO as it currently operates does not protect the interests of the weak developing nations, but rather strengthens the interests of the strong developed nations. The green box provisions which are specifically designed to regulate payments that are considered trade neutral or minimally trade distorting has grossly been manipulated by developed countries at the mercy of the AoA. Developed countries continue to provide trade distorting subsidies under the guise of green box support. This is defeating the aims and objectives of the AoA. The study examines the regulation of WTO agricultural subsidies from the developing countries’ belvedere. It looks at the problems WTO member states face with trade distorting subsidies, but focuses more on the impact these have on developing states. It scrutinizes the AoA’s provisions regulating subsidies with a view to identify any loopholes or shortcomings which undermine the interests and aspirations of developing countries. This is behind the background that some of the provisions of the AoA are lenient towards the needs of developed countries at the expense of developing countries.

From the 1990s onwards, significant developments have occurred in the international telecommunications sector that have affected the South African telecommunications industry and peoples’ access to the network. Rapid developments in Information and Communication Technologies and the reorganisation of telecommunications operators through commercialisation, privatisation and the effects of market liberalisation have resulted in monopoly operators moving away from their public service mandates. Globalisation and adherence to World Trade Organisation rules are causing operators to rebalance their tariffs closer to cost. Long-distance rates are decreasing while the cost of local calls is increasing. High-end users of telecommunications services are benefiting while low-end, largely residential users are being priced off the network. The end result is a negative effect on universal access to telecommunications services. This study examines the extent to which commercialisation, privatisation and liberalization are affecting the provision of telecommunications services and the government’s goal of achieving universal access in South Africa. Qualitative research methods were utilised to establish that the state owned operator, Telkom, has transformed itself from a public service operator to one that is fully commercialised and prepared for an Initial Public Offering and competition. Telkom no longer attempts to ensure that its tariffs are affordable for all people. However, positive developments presented themselves in the form of an increasingly competent regulator, a reorganised and dedicated Universal Service Agency, and the popularity of cellular telephony. The primary discovery of this study is that the liberalisation of the South African telecommunications sector cannot be assumed to have a negative effect on the provision of service. This study finds that liberalisation will most likely benefit the country through the role out of new infrastructure, the provision of new services and ultimately the reduction of those services themselves. In order for universal access to be achieved in this country the study recommends that the resources of the Independent Communications Authority of South Africa be enhanced to enable the regulator oversee the industry effectively. Secondly, the Universal Service Agency must provide clear definitions of universal access and universal service as well as manage the Universal Service Fund with greater efficiency. Lastly, the two bodies mentioned above must ensure that services are affordable for all people of this country.

The World Trade Organisation Agreement on Technical Barriers to Trade (TBT Agreement) was crafted with the aim of ensuring that technical regulations, standards and conformity assessment procedure do not constitute unnecessary obstacles to international trade. Southern African Development Community (SADC) countries have since ratified this Agreement and took a step further to incorporate its principles into the Technical Barriers to Trade Annex to the SADC Protocol on Trade. Despite this effort, SADC countries are still grappling with implementing the TBT Agreement in their domestic frameworks. Consequently, technical barriers to trade have become impediments to both regional and international trade. It is in this context that this study aims to examine the implementation of the TBT Agreement within the SADC. The study answers the question what are the challenges facing SADC Member states to fully implement the TBT Agreement? The study demonstrates that SADC Member face challenges which include of lack adequate resources, technical expertise and enforcement mechanisms to effectively implement the TBT Agreement. In the finality, the study recommends SADC Member states to deepen regional integration in order to collaborate on matters relating to technical barriers to trade within the region. Member states should also share information and learn from the experiences of other countries on how to effectively implement the TBT Agreement. Further, government officials should be educated on trade-friendly regulations that do not compromise on the principles of the TBT Agreement. To this end, regulatory impact assessments should be established in order to assess the trade effects of both new and old regulations. Effective enforcement mechanisms should also be introduced in order to coerce Member states to comply with their regional obligations. By effecting these recommendations, SADC states have the opportunity to eradicate technical barriers to trade thereby increasing both regional and international trade.

The process of trade liberalisation and market-oriented economic reforms was initiated in many developing countries in early 1980s; and it intensified in 1990s. In 1994, Cote d’Ivoire was assisted by the IMF to implement trade-policy reforms under Structural Adjustment Programme (SAP). After adopting SAP, the country witnessed soaring balance-of-payment problems, contraction of output, unemployment and the loss of government revenue. Several factors, which were at play resulted in dismal economic performance under SAP. In order to consolidate gains in competitiveness, and achieve high and sustainable growth, the Ivorian authorities coordinated efforts to establish and intra-regional custom tariffs among the member of the West African and Monetary Union (WAEMU), the Economic Community of West African States (ECOWAS), World Trade Organisation (WTO), Economic Partnership Agreements (EPAs) and bilateral agreements. It is against this background that this study is undertaken, in order to evaluate the impact of different trade-policy regimes on trade, welfare and revenue in Cote d’Ivoire. This study used one model: World Integrated Trade Solutions/Software for Market Analysis and Restrictions on Trade (WITS/SMART). The WITS/SMART model was used because of its ability in analysing the tariff effect of a single market on disaggregated product lines. The model also has the capability to analyse the effects of trade-policy reforms in the presence of imperfect substitutes. Using the WITS/SMART model, the study considered seven trade-liberalisation frameworks for Cote d’Ivoire: full implementation of the ECOWAS free trade agreement (FTA), ECOWAS common external tariff (CET), WAEMU CET, WAEMU FTA, EPAs, BFTAs and WTO FTA. The WITS/SMART model reveals that all trade liberalisation scenarios may cause welfare gains – due to the plummeting of prices. However, in all trade liberalisation scenarios, welfare gains were found to be is insignificant. In all cases, welfare gains fell far short of compensating for revenue loss. The impact of trade liberalisation on exports and imports was met with mixed reactions. For the WAEMU customs union and the ECOWAS customs union, and WTO FTA, trade reforms are likely to face serious balance-of-payment problems, as imports exceeded exports by significant margins. With respect to revenue loss, of all trading arrangements, the WTO FTA presents a serious challenge for Cote d’Ivoire revenue followed by BFTAs, ECOWAS FTA, EPAs, ECOWAS CET, WAEMU CET, and WAEMU FTA with anticipated revenue losses. Another challenge for Cote d’Ivoire is the presence of trade creation effects, which were observed in all trade reform scenarios. From this study, it appeared that WAEMU CET poses serious threats of trade creation followed by WTO FTA, BFTA, SADC FTA, COMESA CET, SADC CET, EPAs and WAEMU FTA. Specifically, the study highlighted that Cote d’Ivoire, on balance loses out on trade liberalisation, mainly from revenue loss and possible de-industrialisation from trade-creation effects. The study has also revealed that Cote d’Ivoire offers excessive tax exemptions, which worsens the fiscal position of the country in the face of trade liberalisation. Hence, based on the findings, this study recommends that Cote d’Ivoire needs to call for the design of a financial facility aimed at assisting industries affected by trade-creation effects. The country needs to consider improving the collection of revenue from alternative sources, such as VAT, excise duties, personal and company taxes and excise duty, in order to cushion itself against the revenue loss impact of trade reforms. Government could also consider widening the tax base, by taxing the informal sector, which has been growing rapidly in the past years. In addition, policies aimed at exports promotion, such as export subsidies, trade finance and the strengthening of trade-promotion organisations should be considered. The outcome of this study provides a wake-up call to developing countries engaged in the WTO negotiations and other regional trading arrangements.