Publications

As part of our efforts to build trade law capacity in southern Africa, tralac produces a wide array of publications addressing trade and trade law related issues relevant to the region. Our publications, some of which are produced in collaboration with partner organisations, take the form of books, working papers or trade briefs. Most of our books and all of our working papers and trade briefs can be downloaded in pdf format. Readers are encouraged to quote and reproduce the material contained in these publications for educational, non-profit purposes, provided the source is acknowledged. Please contact us to obtain authorisation for reproducing this material. All views and opinions expressed in these publications remain solely those of the authors and do not purport to reflect the views of tralac.

The Consequences of Retaliation in Southern African Trade Relations

Posted on Wednesday, March 5th, 2014 in Highlights, Working Papers

Author: Gerhard Erasmus There are sound reasons why African Regional Economic Communities (RECs) have been designed as rules-based trade arrangements. Firstly, they have to function in terms of the GATT rules applicable to Regional Trade Arrangements (RTAs). Practically all African states are WTO members, or are in the process of acceding. Secondly, rules-based trade secures […]

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Revisiting export competitiveness: The World Bank’s most recent economic update for South Africa

Posted on Wednesday, March 5th, 2014 in Highlights, Trade Briefs

Author: Harry Zarenda Earlier in February 2014, the World Bank’s Africa Region Poverty Reduction and Economic Management researchers presented their most recent economic update on South Africa, which brought into focus the notion of ‘export competitiveness’. In the foreword to the document by Asad Alam (the Bank’s Country Director for South Africa), the central conclusion […]

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A new Road to Regional Integration?

Posted on Wednesday, March 5th, 2014 in Highlights, Trade Briefs

Author: Gerhard Erasmus Shifts in mega debates often occur gradually and in small steps. The extent of the adjustment will only become clear over time. Things may, however, also move in directions not originally envisaged. In Southern Africa we are in the middle of such a process. It involves a new discourse about regional integration […]

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High Court of Botswana steps into void left by SADC Tribunal

Posted on Wednesday, March 5th, 2014 in Highlights, Trade Briefs

Author: Gerhard Erasmus The suspension in 2010 of the SADC Tribunal has left a serious gap in the functioning of the Organization. The integrity and operations of SADC are affected if it is impossible for the judicial organ of the Organization to adjudicate the various types of disputes which can arise under SADC law. An […]

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Cape to Cairo – Exploring the Tripartite FTA agenda

Posted on Wednesday, February 26th, 2014 in Books, Featured Publications

Cape to Cairo Exploring the Tripartite FTA agenda Foreword On 22 October 2008 in Kampala, Uganda, the Heads of State and Government of the Member States of the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), and the Southern African Development Community (SADC) agreed to establish a grand Free Trade […]

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Negotiations on movement of business persons in the COMESA-EAC-SADC Tripartite region

Posted on Thursday, February 20th, 2014 in Featured Publications, Trade Briefs

Author: J.B. Cronjé The Communiqué of the first COMESA-EAC-SADC Tripartite Summit of Heads of State and Government held in October 2008 provides, in the area of trade, customs and economic integration, that the Tripartite Summit establish c) measures to facilitate the movement of business persons across the RECs. One possible interpretation of this objective can be derived from the Final Tripartite Working […]

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Polytol Paints v Mauritius: Evidence of the existence and direct effect of community law in COMESA?

Posted on Wednesday, January 29th, 2014 in Featured Publications, Trade Briefs

Author: William Mwanza In a landmark case involving Polytol Paints and Mauritius, the Common Market for Eastern and Southern Africa (COMESA) Court of Justice First Instance Division made a ruling that suggests that regional integration within COMESA is pursued within a framework of community law, and that this system is fairly effective. It is understood […]

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Assessing South Africa’s trading relationship with China

Posted on Thursday, December 12th, 2013 in Featured Publications, Working Papers

Authors: Ron Sandrey, Eric Makamole Mpitsa, Jacques Vermaak and Marius de Beer[1] The Economist (2013), in its usual succinct manner, sums up the African trading position as follows: ‘Africa is a continent rich in minerals and oil. China has an economy that requires them in abundance. Since the mid-1990s the economy of sub-Saharan Africa has grown by […]

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A fresh look at a Preferential Trade Agreement among the BRICS

Posted on Wednesday, November 20th, 2013 in Featured Publications, Trade Briefs

Authors: Ron Sandrey and Hans Grinsted Jensen To date, little emphasis has been placed upon examining future trading relationships within the BRICS (Brazil, Russia, India, China and South Africa) countries. In general, economic theory suggests that the gains from trade are greater when a wider suite of countries is involved, and this is the fundamental basis […]

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Terms of trade in agricultural trade

Posted on Wednesday, October 16th, 2013 in Featured Publications, Trade Briefs

Authors: Xolisiwe Yolanda Potelwa, Tshimangadzo Mugobi and Ron Sandrey* South Africa has traditionally been a net exporter of agricultural products, but in recent years the gap between these exports on the one side and imports on the other has been narrowing, even slightly favouring imports. Indeed, if South Africa followed the international norm and assessed import values as […]

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The COMESA Court of Justice: Regional agreements do protect private parties

Posted on Wednesday, October 16th, 2013 in Featured Publications, Trade Briefs

Author: Gerhard Erasmus Regional integration promotes and extends trade and commerce (involving mostly private entities) across borders and into other national jurisdictions. These activities need the protection of appropriate legal instruments and procedures and should accommodate the reality of an enlarged market arrangement. Matters such as tariffs, standards, NTBs, services and other trade related disciplines […]

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The admission of foreign legal practitioners in South Africa: a GATS perspective

Posted on Wednesday, October 2nd, 2013 in Trade Briefs

Author: J.B. Cronjé The legal services sector has experienced several changes as a consequence of the growth in international trade. The proliferation of South African companies doing business in Africa, and an increasing number of foreign businesses using South Africa as a springboard to do business in other parts of the continent, have necessitated the expansion of […]

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A closer look at India-Brazil-South Africa (IBSA) trade

Posted on Wednesday, September 11th, 2013 in Trade Briefs

Author: Sean Woolfrey In June 2003, the foreign ministers of India, Brazil and South Africa (IBSA) met in Brasilia to discuss forging closer ties between their nations. It was at this meeting that the India-Brazil-South Africa Dialogue Forum (IBSA Forum) was formally launched in order to foster closer engagement between the IBSA countries and to […]

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Reconstructing regional integration in Africa? A briefing paper on the UNCTAD 2013 Economic Development in Africa Report

Posted on Wednesday, September 11th, 2013 in Trade Briefs

Author: Harry Zarenda During July 2013, the United Nations Conference on Trade and Development (UNCTAD) released its new edition of the annual Economic Development in Africa Report. The focus in this specific report deals with intra-African trade and has included in its title ‘Unlocking Private Sector Dynamism’. A succinct and critical summary of the essence […]

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Call for Papers: Monitoring Regional Integration in Southern Africa Yearbook 2013

Posted on Wednesday, September 11th, 2013 in Books

CALL FOR PAPERS Monitoring Regional Integration in Southern Africa Yearbook 2013 The Monitoring Regional Integration Yearbook reviews regional integration developments in Southern Africa. This Project is supported by the Trade Law Centre (tralac) and the Konrad Adenauer Foundation. We are inviting abstracts (maximum 350 words) for papers to be included in the 2013 edition of […]

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Monitoring Regional Integration in Southern Africa Yearbook 2012

Posted on Wednesday, September 11th, 2013 in Books, Featured Publications

Monitoring Regional Integration in Southern Africa Yearbook 2012 Foreword   The Yearbook for Regional Integration has become a household name in the SADC region, when it comes to monitor the progress or non-progress of the integration within the region. Celebrating its 12th edition in the current year it has proven to be a platform of […]

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Good governance and the management of natural resource endowments

Posted on Wednesday, September 4th, 2013 in Trade Briefs

Author: Gerhard Erasmus The importance of good governance for regional integration arrangements is a constant theme in tralac writings. We consider respect for the rule of law and the availability of sound institutional arrangements as vital for regional integration and economic development. The more comprehensive and ambitious regional arrangements become, and the more advanced the […]

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e-Book: BRICS – South Africa’s Way Ahead?

Posted on Wednesday, August 28th, 2013 in Books, Featured Publications

BRICS – South Africa’s way ahead? Foreword   The accession of South Africa into the BRICS formation has attracted a lot of attention internationally. Some welcomed the step while others questioned it. A closer look at BRICS reveals that these countries share some fundamental features while they differ in others. On that note, this book […]

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