Author:  Eckart Naumann Introduction: The African Growth and Opportunity Act (AGOA) forms a part of United States trade legislation that provides non-reciprocal preferential market access to the US market for qualifying exports made in African beneficiary countries. The legislation was enacted under former President Bill Clinton in 2000, and extended (and to some extent broadened) [...]

Author: Harry Zarenda Since the publication of the draft bill, there has been much comment on the advantages and disadvantages of the new SEZ policy and process in the country, of which the CDE Roundtable added an important dimension. Given the renewed emphasis in economic policy debates on industrial policy and regional integration in the [...]

Author: Gerhard Erasmus The Southern African Development Community (SADC) has set itself very ambitious regional integration goals. There is now general agreement that more realistic goals and a better understanding of the integration process, the legal obligations and the outcomes are required.  Even with scaled-downed expectations the efforts of the members and SADC need to [...]

Introduction and background: The Southern African Development Community (SADC) Secretariat conducted a desk review of the Regional Indicative Strategic Development Plan (RISDP) in 2011; this report was released in November 2011. This paper provides a brief review of the findings of this review and places this assessment in a broader regional perspective. The RISDP was [...]

Introduction: For about the last year and a half a vital aspect of the Southern African Development Community (SADC) legal regime, the ability to enforce the rights and obligations in the legal instruments of this regional arrangement, has been suspended. The terms of the Judges (Members) of the Tribunal have also not been renewed. There [...]

Empowerment policies may give rise to discrimination when local suppliers are treated more favourably, or perhaps even limit the market access opportunities for foreign suppliers, when, for example, the equity share of the foreign partner is limited. However, the flexible rules incorporated in services agreements provide countries with the ability to schedule the empowerment policies [...]

Introduction Transparency of laws and regulations can play an important part in the investment decisions of foreign investors. For traders and investors it can increase predictability, legal certainty, efficiency and access to information while reducing the complexity and cost of the trade transaction. Improved transparency can also lead to enhanced legitimacy and accountability of the [...]

Introduction and summary South Africa recently received an invitation to join the party of the so-called BRIC nations of Brazil, Russia, India and China. On the face of it this is indeed an honor, and it supports the case made by many that South Africa is one of the BRIC ‘countries of the future’. But [...]

Introduction Dumping is viewed as price discrimination between the domestic and export markets and takes 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 [...]

Taku Fundira, a tralac Researcher, gives an update on South Africa’s trading relationship with China. In 2008, the Trade Law Centre for Southern Africa (tralac) conducted research and published a book – “South Africa’s Way Ahead – Looking East” focussing on South African trading relationships with both China and India, and in particular how these [...]

Do EPAs undermine regional integration in Southern Africa? Regional integration features prominently in the development strategies of most African countries.   The current regional integration agenda for East and Southern Africa is ambitious.  The Southern African Customs Union (SACU) member states have agreed to a new vision for deeper integration, and as part of SACU’s legal [...]

A Permanent Summit of the Heads of State and Government for SACU: How and Why? Regional integration features prominently in the development strategies of most African countries.   The current regional integration agenda for East and Southern Africa is ambitious.  The Southern African Customs Union (SACU) member states have agreed to a new vision for deeper [...]

Regional integration features prominently in the development strategies of most African countries.   The current regional integration agenda for East and Southern Africa is ambitious.  The Southern African Customs Union (SACU) member states have agreed to a new vision for deeper integration, and as part of SACU’s legal and institutional development, to institutionalize a Summit of [...]

Regional integration features prominently in the development strategies of most African countries.   The current regional integration agenda for East and Southern Africa is ambitious.  The Southern African Customs Union (SACU) member states have agreed to a new vision for deeper integration, and as part of SACU’s legal and institutional development, to institutionalize a Summit of [...]

It has been announced that a meeting of Heads of State and Government of the SACU member states will be convened in South Africa in July this year, when South Africa will be the chair of the SACU Council. It will apparently have some serious matters on its agenda; such as deeper regional integration, development [...]

The circumvention of anti-dumping duties has given rise to significant discussion on the topic in the World Trade Organisation. At present the WTO Anti-Dumping Agreement does not contain any anti-circumvention provisions and it is up to each country to regulate the use thereof. South Africa’s Anti-Dumping Regulations provide for several different forms of anti-circumvention, including [...]

  One of the South African government’s latest responses in its ongoing and thus far unsuccessful effort to assist the country’s ailing clothing and textile manufacturing industry was the drafting of a rescue package by the Department of Trade and Industry (DTI) in consultation with industry stakeholders. In addition to several industrial policy measures, such [...]

Sean Woolfrey, a tralac Researcher, comments on the policy space for increasing tariffs. An article entitled “Zuma-ites eye higher tariff walls” appeared on the Mail & Guardian website on 19 May. This article highlights the apparent willingness of the South African Department of Trade and Industry (dti) to raise tariffs in support of certain strategic sectors [...]