Discussions

tralac’s researchers produce weekly discussions notes on trade and trade law related issues relevant to the southern African region. All views and opinions expressed in these discussion notes remain solely those of the authors and do not purport to reflect the views of tralac.

Hot Seat Comment: Does it matter whether SADC has a Tribunal?

Posted on Wednesday, June 12th, 2013 in Highlights, Hot Seat Comments

Gerhard Erasmus, tralac Associate, discusses the ongoing suspension of the SADC Tribunal and the implications this has had for the region In 2010 the SADC Summit decided to “suspend” the SADC Tribunal. The result is that since that time no state or private party entitled to standing before this forum can bring an application for [...]

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Trade negotiations for a Free Trade Agreement: a guide to general principles and requirements

Posted on Wednesday, June 5th, 2013 in Hot Seat Comments

Ron Sandrey, tralac Associate, discusses the trade negotiation process towards a Free Trade Agreement, with reference to the Tripartite Free Trade Area (TFTA) The objective of a new tralac Working Paper, entitled Trade negotiations for a Free Trade Agreement: a guide to general principles and requirements (click here to download), is to outline the process of [...]

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The underutilisation of regional Courts in settlement of disputes between States in COMESA, EAC and SADC

Posted on Thursday, May 30th, 2013 in Hot Seat Comments

Kahaki Jere, tralac intern, discusses the underutilisation of regional Courts in dispute settlement in COMESA, EAC and SADC – a sign of lack of awareness of the role of regional Courts or unwillingness by member States to litigate against each other? The non-implementation of Treaty obligations – like the removal of trade barriers – by [...]

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Is parliamentary oversight a political function?

Posted on Wednesday, May 22nd, 2013 in Hot Seat Comments

Professor Gerhard Erasmus, tralac Associate, reflects on the debate in South Africa on Parliamentary oversight There have been some heated debates, in South Africa, about the nature of Parliament’s oversight function recently. Local newspapers have reported on a new “protocol for good practice and conduct” for African National Congress (ANC) parliamentarians distributed by ANC party [...]

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The role of national courts in ensuring COMESA Member States’ compliance with regional integration obligations

Posted on Wednesday, May 22nd, 2013 in Hot Seat Comments

Kahaki Jere, tralac intern*, discusses the first case brought by a legal person against a COMESA member state with regard to its Treaty obligations in the area of trade liberalisation The COMESA Director of Commerce and Trade described the case of The Republic of Mauritius versus Polytol Paints (COMESA Court of Justice Preliminary Application Number [...]

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The new World Trade Organization Director-General and the challenges he faces

Posted on Wednesday, May 15th, 2013 in Hot Seat Comments

Sean Woolfrey, tralac Researcher, discusses the appointment of Brazilian Ambassador Roberto Azevedo as the new head of the WTO and the challenges he faces Last week Brazilian Ambassador Roberto Azevedo was named as the successful candidate in the race to succeed outgoing World Trade Organization (WTO) Director-General (DG) Pascal Lamy, who steps down from his post at [...]

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Bonn Climate Change Meeting: Any progress on building a new global climate agreement?

Posted on Wednesday, May 8th, 2013 in Hot Seat Comments

Willemien Viljoen, tralac Researcher, discusses the second meeting of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) in Bonn, Germany One of the key outcomes of the United Nations Climate Change Conference in Durban, South Africa (at the end of 2011) was the launch of a new negotiations platform, under the [...]

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Customs duties set to increase on imported chicken

Posted on Thursday, May 2nd, 2013 in Hot Seat Comments

JB Cronjé, tralac Researcher, discusses South Africa’s application to increase customs duties on imported chicken South African poultry producers recently applied for increases in the rates of customs duties on frozen chicken meat. Local producers have been seeking protection against imports for a long time. Almost two years ago, the South African Poultry Association, on [...]

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The Report of the Panel on Defining the Future of Trade

Posted on Wednesday, April 24th, 2013 in Hot Seat Comments

Sean Woolfrey, tralac Researcher, discusses the report issued by the Panel on Defining the Future of Trade convened by WTO Director-General Pascal Lamy On Wednesday 24 April 2013, the Panel on Defining the Future of Trade convened by World Trade Organization (WTO) Director-General Pascal Lamy released its report entitled The Future of Trade: The Challenges [...]

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The change in sectoral clusters in the Industrial Policy Action Plan (IPAP) 2013/2014 – 2015/2016

Posted on Wednesday, April 17th, 2013 in Hot Seat Comments

Willemien Viljoen, tralac Researcher, discusses the change in sectoral clusters in South Africa’s Industrial Policy Action Plan (IPAP) 2013/2014 – 2015/2016 On 4 April 2013 the South African Minister of Trade and Industry, Dr Rob Davies launched South Africa’s Industrial Policy Action Plan (IPAP) for the years 2013/2014 – 2015/2016, being the fifth iteration of [...]

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South Africa: New Guidelines for agricultural safeguard measures

Posted on Wednesday, April 10th, 2013 in Hot Seat Comments

JB Cronjé, tralac Researcher, discusses new guidelines for agricultural safeguard measures – South Africa. South Africa’s International Trade Administration Commission (ITAC) recently published Draft Guidelines and conditions pertaining to a safeguard application in terms of article 16 of the Agreement on Trade, Development and Co-operation (TDCA) between the European Community and its Member States and [...]

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The Fifth BRICS Summit and an emerging BRICS trade agenda

Posted on Wednesday, April 3rd, 2013 in Hot Seat Comments

More attention needs to be given to developing closer intra-BRICS trade ties Sean Woolfrey, tralac Researcher, discusses the Fifth BRICS Summit and an emerging BRICS trade agenda. The much-anticipated Fifth BRICS (Brazil, Russia, India, China and South Africa) Summit, held last week in Durban, South Africa, concluded on the 27th of March with the release of [...]

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The fifth BRICS Summit, 26-27 March 2013

Posted on Wednesday, March 27th, 2013 in Hot Seat Comments

Willemien Viljoen, tralac Researcher, discusses the fifth BRICS Summit, 26-27 March 2013. The fifth BRICS summit is currently (26 and 27 March 2013) underway, hosted by South Africa in Durban at the Durban International Convention Centre. BRICS is an acronym for the political grouping of some of the leading emerging economies in the world, namely [...]

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Hot Seat Comment: The need to factor informal cross border trade into the COMESA-EAC-SADC tripartite negotiations

Posted on Wednesday, March 20th, 2013 in Hot Seat Comments

Taku Fundira, tralac Researcher, discusses the need to factor informal cross border trade into the COMESA-EAC-SADC tripartite negotiations. Regional integration is regarded as being at the core of development in Africa. The Abuja Treaty (1991) laid the groundwork for the creation of the African Economic Community (AEC)  [UNECA 2010. Assessing Regional Integration in Africa IV: Enhancing [...]

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Concerns over ITAC Trade Remedies Investigations

Posted on Wednesday, March 13th, 2013 in Hot Seat Comments

JB Cronjé, tralac Researcher, discusses concerns over ITAC Trade Remedies Investigations. The International Trade Administration Commission (ITAC) announced the initiation of an investigation for remedial action in the form of a safeguard against the increased imports of frozen potato chips, classifiable under tariff sub-heading 2004.10.90, in November 2012. The application was submitted by McCain (SA)(Pty)Ltd, [...]

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South Africa’s new investment policy framework and protection for SA firms investing abroad

Posted on Wednesday, March 6th, 2013 in Hot Seat Comments

What will SA’s overhaul of its BIT policy mean for SA firms seeking to expand outside the country? Sean Woolfrey, tralac Researcher, discusses South Africa’s new investment policy framework. In his 2013 Budget Speech delivered in Cape Town last week, South African Minister of Finance, Pravin Gordhan, highlighted a number of outward investment reforms as part [...]

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Promoting regional integration through commodity exchange markets

Posted on Wednesday, February 27th, 2013 in Hot Seat Comments

Taku Fundira, tralac Researcher, discusses the promotion of regional integration through commodity exchange markets. The global trading environment has become ever more competitive and for countries to compete in a globalised environment calls for the development and establishment of industries that are globally competitive. For Africa, regional integration remains the key strategy for African governments [...]

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What has happened since customs duties on 124 clothing tariff lines were increased in 2009?

Posted on Wednesday, February 20th, 2013 in Hot Seat Comments

Willemien Viljoen, tralac Researcher, discusses what has happened since customs duties on 124 clothing tariff lines were increased in 2009. The clothing and textile industry has a long history in South Africa and is still a very important source of employment, especially for women and in poorer communities. The industry is geographically bound to specific [...]

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