<p>A lot of work has been done regart=ding the SPS agreement and its impact on iternational trade, though not so connclusive. The study, however, is going to deal specifically with an impact of the SPS agreement to the SSA countries, by analysing the balance beween protection of human, animal and plant life or health on the one hand and promotion of international trade in this region.</p>

Magister Legum - LLM / A lot of work has been done regart=ding the SPS agreement and its impact on iternational trade, though not so connclusive. The study, however, is going to deal specifically with an impact of the SPS agreement to the SSA countries, by analysing the balance beween protection of human, animal and plant life or health on the one hand and promotion of international trade in this region. / South Africa

Standards are necessary for an efficient functioning of the market and their regulation is an increasingly important area of law. Such is their importance that today it is possible to find thousands of standards developed by international standardising bodies, governmental agencies and even private companies in products that range from SIM cards and medical devices, to the pasteurisation of milk and computer protocols. Reasons that justify their widespread use are not difficult to ascertain: they play, for example, an important role in the achievement of economies of scale in manufacturing and in the attainment of compatibility of products and processes. However, together with these positive effects, standards can also have discriminatory consequences for trading partners, especially in cases in which they are badly designed and applied (for example, when they are introduced with the real purpose of creating an artificial comparative advantage for domestic producers). Given the existence of these ambivalent effects, three different policy tools have been developed within the World Trade Organisation (WTO) legal regime, aimed at maximising the benefits derived from the use of standards: harmonisation, equivalence and mutual recognition. The present thesis investigates the way in which both the WTO Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS) Agreements regulate these three instruments, and also, the potential shortcomings of the system from a trade law perspective. For that purpose, it studies relevant legal provisions of both Agreements, WTO jurisprudence and guidelines issued by international standardising bodies, among other topics.

Magister Philosophiae - MPhil / In the process of describing the background to the problem, the author will in this section firstly, explain what the African Union (AU) has implemented, secondly, explain the relevant rules and regulations that need to be adhered to as World Trade Organisation (WTO) members and lastly, explain how the self-financing mechanism might be in contravention of the rules and regulations of the WTO required to be adhered to by all WTO Members.

Doctor of Philosophy(PhD) / Globalisation in general and trade liberalisation in particular have impacted on many areas of industrialised governments’ foreign economic policy. Export support is an area which is inevitably affected by trade liberalisation, as governments are expected to decrease their intervention into exports in the name of barrier-free(er) trade. However, if one considers that the 1990s and 2000s have seen governments expanding their trade promotion agencies, increasing funding for export support provision and developing a range of new export support programmes, it is easy to recognise that government export support seems to have grown, rather than diminished over the past decade. This thesis investigates the complex influences of the world trade regime, to create a nuanced picture within globalisation theories - which ultimately explains the paradox of growing government support in the era of deepening trade liberalisation.

This work develops a means to encourage states to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) which promotes access to medicines in a public health emergency. In pursuing this solution, the precautionary approach (PA) and the structure of risk analysis have been adopted as a means to build a workable reading of TRIPS and to help states embody the flexibilities of intellectual property (IP). This work argues for a PA reading of TRIPS and that states have the precautionary entitlements to determine an appropriate level of health protection from the perspective of “State responsibility” in international law. A philosophical review is conducted followed by the examination of existing international legal instruments including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, the WHO International Health Regulations, the Codex Alimentarius, and the Cartagena Protocol on Biosafety. The PA has been found to have a pervasive influence on risk regulation in international law, yet the application is fraught with fragmentations in different legal regimes. In order to reach a harmonious interpretation and application of the PA in the WTO, the legal status of PAs of different WTO instruments have been analysed. Further, a comparative study on PAs in terms of legal status in the exemptions of the WTO and TRIPS obligations has been proposed. The political and moral basis for compulsory licencing in a public health emergency has been bolstered through the interpretation and the creation of legal status of the PA in WTO/TRIPS law.

This thesis analyzes the European Union as an international actor in the context of World Trade Organisation. This thesis discusses the interaction between the EU and the WTO from several important dimensions. This thesis also examines different theoretical perspectives about concepts of actors and actorness, the evolution of trade policy of the EU, and the history of world multilateral trade system as well.

Doctor of Philosophy(PhD) / Globalisation in general and trade liberalisation in particular have impacted on many areas of industrialised governments’ foreign economic policy. Export support is an area which is inevitably affected by trade liberalisation, as governments are expected to decrease their intervention into exports in the name of barrier-free(er) trade. However, if one considers that the 1990s and 2000s have seen governments expanding their trade promotion agencies, increasing funding for export support provision and developing a range of new export support programmes, it is easy to recognise that government export support seems to have grown, rather than diminished over the past decade. This thesis investigates the complex influences of the world trade regime, to create a nuanced picture within globalisation theories - which ultimately explains the paradox of growing government support in the era of deepening trade liberalisation.

When the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was annexed to the Agreement Establishing the World Trade Organisation (WTO) in 1994, it set minimum standards for intellectual property (IP) protection, including protection of patent rights, that must be observed and enforced by all WTO Member States. On the one hand, stringent Intellectual Property protection as seen innovation in the field of science where medical innovation hasled to the creation of live saving vaccines which have reduced prevalence of diseases, ranging from polio to the human Papillomavirus, and invention of antiretroviral medicines which have greatly improved the lives of people living with the Huma Immunodeficiency Virus (HIV). On the other hand, the fulfilment of the obligations under TRIPS has generated a lot of controversy especially as they have been seen as the cause of reduced access to essential medicines in developing countries. / Magister Legum - LLM (Mercantile and Labour Law)

Magister Commercii - MCom / Regional integration dates back to the work of Jacob Viner who distinguished between the terms ‘trade creation’ versus ‘trade diversion’ in the context of the gains from customs unions. Since then regional trade agreements have been entered into all over the world and almost all members of the World Trade organisation are members of at least one trade agreement. Moreover, individual countries have also signed free trade agreements with countries not involved in the same regional block. Also, in this era of globalisation, the demands of the WTO often work against progress to deeper integration in the specific regions.Despite their relatively weak performance, Africa is home to the largest number of regional trade agreements where member states of a particular regional trade block also belong to anther regional block or have signed preferential trade agreements with third countries. This phenomenon of multiple memberships is particularly true of trade blocks in Southern Africa. For example, the DRC, Malawi, Angola, Madagascar, Mauritius, Swaziland, Zambia and Zimbabwe are members of SADC, but also full members of COMESA.This report presents a study on regional integration in Southern Africa and specifically focuses on the presence of overlapping memberships in Southern and Eastern Africa. It provides a descriptive overview of COMESA, the EAC, SACU and SADC where member countries of the former blocks are also members of SADC, but focuses specifically on the problems and challenges due to multiple memberships, such as different approaches to regional integration, problems related to different rules of origin and non-tariff barriers, amongst others.Thereafter the focus is on SADC as regional trade block. The report discusses the establishment of SADC, its main aims and economic performance since its inception and also the special problems and challenges, such as the multiple memberships of its members. Finally South Africa’s preferential trade agreement with the European Union is discussed as example of how multiple membership impact on the development of trade relations between member countries of SADC.