Magister Legum - LLM / The World Trade Organisation (WTO) is the only global international organisation dealing with the rules of trade between nations.1 The WTO agreements uphold certain principles; one such principle is the rule of the most-favoured-nation (MFN) obligation. This obligation requires WTO members, who grant certain favourable treatment to any given country, to grant that same favourable treatment to all other WTO members.2 However, there are several exceptions, three of which include:  actions taken against dumping (selling at an unfairly low price);  subsidies and special ‘countervailing’ duties to offset the subsidies; and  emergency measures, to limit imports temporarily - thus designed to ‘safeguard’ domestic industries. These exceptions serve as remedies both against fair - and unfair trade practices. An example of remedies against fair trade practices are safeguards, and examples of remedies against unfair trade practices are dumping and countervailing duties. Anti-dumping actions are trade remedies/mechanisms available to members of the WTO in facilitating the protection of the industries under certain circumstances. The WTO agreement, which sets out the anti-dumping remedy, is the agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994), also known as the ‘Anti-dumping Agreement’.4 Article VI permits countries to take action against dumping and the ‘Anti-dumping Agreement’ clarifies and expands on Article VI. The two operate together. Dumping is viewed as price discrimination between the domestic and export markets and take place where the export price of a product is lower than the normal value of such product. The normal value is usually determined with reference to the domestic selling price in the exporting country. Adjustments have to be made to the normal value and export price for differences that affect prices at the time that such prices are set, including differences in terms and conditions of sale, taxations, levels of trade and quantities.

For the European Union (EU), the field of trade policy is a main field in which the EU can assert its actorness and build its identity as an international actor. This "superpower" potential arises out of the EU's extensive resource equipment in trade policy and is driven forward by the EU's significant economic interests. To what extent, however, the EU has been able to use its resources to shape the rules of the international trade regime according to its own preferences has remained questionable. This thesis investigates the question of the EU's impact on and power utilisation in the international trade regime by analysing the EU's changing involvement in World Trade Organisation (WTO) negotiations. Drawing from the theoretical concepts of the "international regime" and "power", the thesis proposes an approach centred on the possession, mobilisation and impact of actors' power in international regimes. In particular, the thesis proposes a framework centred on five key elements: specification of the regime, its qualities and focus; the resources or 'underlying power' that actors bring to the regime; the resources derived by actors from the operation of the regime itself, or 'organisationally dependent capabilities'; the manifestation or deployment of resources and strategies by actors in negotiations; and outcomes defined in terms of actors' power over the regime itself. After an examination of the broad context of the WTO's development and the EU's involvement in the international trade regime, this framework is then explored through a detailed study of the EU's involvement in the negotiations over trade in services that took place in the WTO between 1995 and 2005, using evidence from a wide range of documentary sources and from interviews. On the basis of this exploration of trade in services, the thesis finds that despite the EU's outstanding resources, the WTO negotiations have become too complex for the EU to decisively influence them due to a power shift in the international trade regime. The special nature of the trade in services negotiations makes these particularly unmanageable and they do not seem to present the EU with a setting for achieving its preferences. A lack of cooperation among the WTO members in favour of the negotiations has made progress in the negotiations very hard to realise for the EU. At the same time, the erosion of the EU's resources by the shifting attitude in civil society towards trade policy, and an apparent Jack of business support, has increased the challenge for the EU of managing the international trade regime. Questions are therefore raised about the extent to which the EU has responded to change, mobilised its resources effectively and had a consistent impact on the international trade regime since the mid-1990s.

<p><font face="Times New Roman"> <p align="left">This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant &lsquo / political will&rsquo / and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted.</p> </font></p>

<p><font face="Times New Roman"> <p align="left">This study examines the legal and policy objectives of the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade (TBT) with specific reference to international standards and the International Organisation for Standardisation (ISO). The study sets out the history and development of the TBT Agreement and the relationship between the TBT Agreement and selected WTO Agreements. The study also explores the application and interpretation of the TBT Agreement under the WTO dispute settlement system. More importantly, the study addresses the legal, policy and practical implications of the TBT Agreement for Least Developed Countries (LDCs) in Africa. A central argument put forward in this study is that, albeit international standards have been recognised as an important tool for LDCs in Africa to gain access to foreign markets, there is no significant &lsquo / political will&rsquo / and commitment from the key players in standardisation work, that is, the national governments, the private sector and the ISO. At the same time, some developed and developing countries tend to use their influence and involvement in the activities of the ISO as a means of promoting the use and adoption of their homegrown standards. The study proposes, among others, that a more participatory approach which encompasses representatives from consumer groups, the private sector and non-governmental organisations (NGOs) from these LDCs in Africa, should be adopted.</p> </font></p>

Doctor Legum - LLD / African countries are faced with the daunting task of providing a comprehensive regulatory framework for their natural resources. This is at both the international and domestic level. The statement is particularly true for emerging African oil producing countries. Related to the above, it can be argued that production quotas, subsidies, and corruption continue to hinder the full liberalisation of the oil sector globally, and in Africa. Also, these three areas are the genesis of some of the prominent issues in the discussions of trade in energy goods. Although Africa is substantially endowed with natural resources like crude oil, it remains at the bottom of the development pecking order; accordingly, it has to get centrally involved in the debate on the regulation of international trade in oil to encourage development and to benefit from the resource. The World Trade Organisation (WTO) and the Organisation of Petroleum Exporting Countries (OPEC) are the most relevant organisations in the collective regulation of production quotas, oil consumption subsidies and the control of corruption in the oil sector. Both organisations, directly for the former, and indirectly for the latter, deal with trade between nations. OPEC‘s mandate is established in the OPEC Statute, while the mandate of the WTO is found in various multilateral and plurilateral agreements. However, the General Agreement on Tariffs and Trade (1994) (GATT), the Agreement on Subsidies and Countervailing Measures (SCM), and the Agreement on Government Procurement (GPA) are the most relevant. The Energy Charter Treaty (ECT) is only discussed where relevant. This is because the treaty is based on the WTO framework. Also, several provisions in the WTO agreements are not fully discussed in the ECT. OPEC which deals with regulation of oil production and to some extent oil prices in member countries has an effect on trade of the commodity. The role of the WTO however, is more direct as it regulates international trade of various vi goods and services. Thus this thesis investigates how the above legal frameworks regulate production quotas, subsidies, and corruption in the oil sector. The results of the foregoing investigation are then applied to African countries, such as, Nigeria, Angola (members of both the WTO and OPEC) and Ghana, an emerging African oil producing country, to assess the impact of these international rules on the countries‘ legal regimes. Ghana has recently developed its crude oil sector. The success of the nascent oil sector of this country may depend on the conception or improvement of a comprehensive legal framework, to regulate international trade in oil. It is apparent that without an effective legal framework to regulate international trade in oil, the discovery of oil in Ghana, may not make any long term positive impact on the current economic conditions. Ghana is a member of the WTO; however, it is yet to join OPEC, despite growing debate on its membership in the organisation.

The World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures (WTO SPS) provide the rights and obligations for members to take phytosanitary measures to protect animal, plant and human life or health. Using the guidelines of the WTO SPS Agreement Article 7 this study evaluated the current SPS transparency capacity of the South African regulatory system. Based on the outcome of the evaluation a Best Practice Model for WTO SPS notification and information management was develop to improve WTO SPS compliance for South Africa Phytosanitary capacities of regulatory systems are challenged with increased global agricultural trade and a proliferation of international and regional phytosanitary standards. International Standards for Phytosanitary measures (ISPMs) are developed by the International Plant Protection Convention (IPPC). The concept of phytosanitary capacity was analysed and the International Plant Protection Convention (IPPC) Phytosanitary Capacity Evaluation (PCE) tool evaluated in terms of its scope, purpose and usefulness. South Africa has attempted to address some of its phytosanitary capacity challenges system and organisational challenges by restructuring and strengthening the capacity of its National Plant Protection Organisation (NPPO) in order to meet the demands of international phytosanitary obligations and commitments. This study evaluates the phytosanitary capacity of South Africa and uses the IPPC Phytosanitary Capacity Evaluation (PCE) tool to identify and assess the current constraints impacting on the capacity. Based on the outcome of the PCE recommendations to address information management and capacity constraints are made. The study the used the IPPC Phytosanitary Capacity Evaluation (PCE) tool to evaluate phytosanitary regulatory capacity constraints impacting on the phytosanitary capacity of Malawi. The results from the PCE for Malawi was compared with the results obtained from the PCE for South Africa. The results highlighted the different levels of phytosanitary capacity between a developing country such as South Africa and a Least Developed Country such as Malawi and made recommendations to address the country specific constraints. / Dissertation (MInstAgrar)--University of Pretoria, 2011. / Microbiology and Plant Pathology / unrestricted

A radical change of the socio-cultural order has brought about globalisation processes. Their consequences in the economic sphere include, mainly, growing interdependence, increasing mobility of the production factors and rising efficiency of the global economy. This brings important causes in the political dimension, were the anarchy at the global level translates into erosion of the role of state sovereignty and creation of world economy inefficiencies. Qualitatively new system of global governance, governance at multiple levels and a regulative sub-system emerge, which the World Trade Organisation is a main example of. To reach an effective solution, it is essential to introduce a reform. The central methodological bases are systems theory and neo-liberal internationalism of this analysis.

Magister Legum - LLM / The World Trade Organisation (WTO) deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements.1 Furthermore, it has implemented a dispute resolution process aimed at enforcing participants' adherence to WTO agreements. Ideally, all WTO member states have ‘a level playing field’ in terms of access and equal rights under the dispute settlement mechanism. Disputes should be resolved in a fair and impartial manner. However, the WTO’s DSS has been criticised for being undemocratic, non-transparent and accountable to none. 2

The Multifibre Agreement ("MFA") regulated textile trade until 1 January 2005. It was predominantly focused on curtailing textile exports from developing countries, like South Africa and China. With the end of the MFA, a textile crisis occurred in South Africa due to the domination of the domestic market by more affordable Chinese textile products. This case study is applied to illustrate the inadequacy of domestic legislation to provide for the resolution of an international trade dispute that affects an industry. No legislation refers to the resolution of the trade dispute by entering into a Memorandum of Understanding ("MOU"), or recourse to the neutral dispute settlement body of the World Trade Organisation ("WTO"). Due to the absence of legislation that directly addresses either forum, all the power is vested• in the government to determine the appropriate course of action. Applications brought by textile industry representative bodies like TEXFED, CLOTRADE and SACTWU were inadequately investigated due to the limited powers of the independent investigative body, ITAC, and were ultimately abandoned. The government entered into a MOU with the Chinese government and in doing so violated international agreements, rights and obligations. An analysis of the inadequacy of the MOU that was entered into and the suitability of the WTO as dispute settlement body is conducted. It is concluded that the current legislation is inadequate in that it doesn't provide for recourse to the WTO and in that it doesn't clearly set out the obligations on government and the independent powers of an independent body. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2012

Resume This thesis aims to evaluate the WTO dispute settlement system that deals with disputes arising between WTO members. It focuses on the final stage of this process, i.e. the compliance process and the judgement enforcement process. The main objective is to answer the question whether the methods of judgement enforcement are effective and successful and assess any shortcomings and offer possible solutions to overcome these shortcomings. The thesis is divided into seven chapters. In the opening passage the role of World Trade Organization is introduced as well as the need for a dispute resolution system and the main principles governing the system. Various WTO bodies involved in the decision-making process are also described in detail. The following three chapters deal with the dispute resolution process and procedure rules provided under the Dispute Settlement Understanding (DSU). The thesis explores all of the procedural stages of the dispute settlement and also all relevant procedural steps undertaken by the participants. These are not limited to the complainant and to the respondent but also encompass third parties and WTO bodies. The fourth and the fifth chapter of this thesis are dedicated to the compliance process and the judgement enforcement process either by means of compensation or suspension...