>> Volume 3(1) (1999)

Editorial 1999 (1), pp 5-8

Author/s: Van Reenen, Tobias and Wandrag, Riekie

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Globalisation, the World Trade Organization and the implications for developing countries, pp 31-54

Author/s: Keet, Dot

Dot Keet takes an in-depth and critical look at globalised trade liberalisation and its influences on economic development in developing countries. She criticises the abuse of the GATT/WTO rules-based system by developed countries. She is particularly disillusioned by the systematic marginalisation of less and least-developed countries resulting from the exploitation of their lack of expertise in making effective use of the 'more favourable treatment' measures available to them. She questions the viability and legitimacy of the WTO multilateral agreements from a developing country's perspective and calls for a new, fully-fledged, multi-sectoral negotiating round to address the deficiencies of the Uruguay Round.

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Global governance and national sovereignty: The World Trade Organization and South Africa’s new constitutional framework, pp 89-104

Author/s: Steytler, Nico

Nico Steytler investigates the inter-relationship between the GATT/WTO system and the South African legal system. He investigates the implications of the WTO rules for the international and regional trade relations of South Africa's new governmental structures. First, he considers the 'fit' of the undertaking of WTO obligations into South Africa's democratic form of governance. Secondly, he examines ways in which the constitutional dispersal of powers between spheres of government affect South Africa's WTO obligations. The article also deals with the equally important question of how WTO obligations do or should impact on intergovernmental relations and co-operative government between these spheres.

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The World Trade Organization and Southern African trade relations, pp 105-122

Author/s: Thomas, Rosalind

Rosalind Thomas focuses on the impact of the WTO on regional economic integration and free trade agreements between developing countries. She discusses the anomalies and inconsistencies of the economic classification system of the GATT/WTO, taking a critical look at South Africa's position within the WTO system and its important role within the SADC treaty context.

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The TRIPS Agreement and South African legislation: The case of the parallel importation of medicines, pp 55-67

Author/s: Du Plessis, Esme

Esme du Plessis evaluates the topic of parallel importation and the issues facing South Africa in that regard against the background of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and recent South African legislation. Parallel importation issues will become increasingly relevant to the countries of Africa as they emerge as new destinations for technology. As more countries on the African continent join multiple-filing systems, the protection of intellectual property in African countries will become easier and more attractive. IP owners will not necessarily, however, start manufacturing operations in where they hold rights. It is thus likely that local demand will be met by importation. Parallel traders may thus see an opportunity of profit. The author emphasises the need for a debate amongst African countries and believes much can be learnt from decisions by the European Court of Justice in regard to parallel imports of pharmaceuticals in Europe.

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Governing rules and principles of the WTO: Its scope and future development in the context of globalisation, pp 1-39

Author/s: Stern, Brigitte

Brigitte Stern opens the discussion by contextualising the issues to be addressed within the framework of the driving forces and subjacent philosophies and theories of globalisation and regionalisation. She introduces the governing rules, principles and prevailing institutional structures of the World Trade Organization (WTO) and their implications for all international and regional trade arrangements. She asks the question whether the rule-based WTO system is really the answer to the need for meaningful global regulation of relations among states and other entities operating on an international level. She concludes that the system tends towards exaggerated liberalism, only peripherally mindful of its impact on social values, culture, health, the environment, and largely ignoring the distribution of the proceeds of the (international) economy.

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The dispute resolution mechanism of the World Trade Organization five years after its implementation, pp 69-87

Author/s: Philippe, Xavier

In his discussion of the dispute resolution mechanisms provided for by the WTO, Xavier Philippe is concerned with the development of the system over the past five years. He starts by giving an overview of its scope and its key features, notably subsidiarity and diversity, before going on to consider some controversial results of its implementation. The major part of the article is devoted to procedural aspects of the international trade dispute settlement system.

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FORUM CONTRIBUTION: A summary of some recent cases of interest to the African continent, pp 123-137

Author/s: Rugege, Sam

Sam Rugege discusses a few recent cases dealing with issues of African continental interest. These include the right of defence force members to join trade unions and to participate in protest action (South Africa); the right of the press to freedom of expression and the duty to inform the public on matters of public interest (Zimbabwe); the right of prisoners to vote in national elections (South Africa); the right of a citizen spouse to have her foreign spouse live permanently with her in her home country (Zimbabwe); the power of the National Assembly to suspend a member of the assembly and the right of a member to freedom of expression (South Africa); and succession rights in African kingdoms in the era of republican democracy (Uganda).

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