South Africa’s financial services trade and trade potential under the African Continental Free Trade Area
- Authors: Gyan, Mawuko
- Date: 2024-10-11
- Subjects: Trade finance , South Africa Commerce , African Continental Free Trade Area , Gravity model of international trade
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/462846 , vital:76340
- Description: This study investigates the nature, importance and prospects for growth of South Africa’s trade in financial services and trade potential under the African Continental Free Trade Area (AfCFTA) Agreement. It does so by identifying and measuring the share, growth performance and some of the characteristics of South Africa’s financial services trade in the aggregate and with selected trading partners and regions. It also computes South Africa’s trade potential in financial and finance-related services trade with selected African trading partners amid the ongoing AfCFTA services trade negotiations, using trade complementarity indices (TCIs). Finally, the study estimates the effect of regional trade agreement participation on bilateral financial services trade involving African economies using a gravity model. The study employs the use of descriptive trade statistics to analyse the share and growth performance of South Africa’s services trade in the aggregate and at the sub-sector level, based on balance of payments (BOP) data for the years 2005 to 2022 from the ITC, UNCTAD and WTO Trade in Services Database. Bilateral trade data from the OECD and WTO BaTIS Database is also used in the analysis of intra-African trade. In order to investigate trade through Mode 3, information on FDI statistics is sourced from recent reports. Through analysing trade complementarity indices (TCIs), the study finds that South Africa has significant potential to increase exports of financial and finance-related services to Mauritius, Ghana and the SADC and non-TFTA regions. South Africa has significant import TCIs with the COMESA and non- TFTA regions as well as Egypt, Tunisia and Kenya. The gravity model estimation reveals that membership in African regional groupings like the AfCFTA, SADC, COMESA and the EAC have no significant positive impact as yet on intra-African financial services trade. , Thesis (MCom) -- Faculty of Commerce, Economics and Economic History, 2024
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- Date Issued: 2024-10-11
A critical assessment of the relationship between the AfCFTA and World Trade Organisation dispute settlement mechanisms, in light of the Conflict of Jurisdiction
- Authors: Nhemachena, Tichakunda Charles
- Date: 2021-10-29
- Subjects: African Continental Free Trade Area , World Trade Organization , Dispute resolution (Law) , Conflict of judicial decisions , Good faith (Law)
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/192052 , vital:45191
- Description: This thesis interrogates the relationship between the Dispute Settlement Understanding and Africa Continental Free Trade Area dispute settlement mechanism, in light of the conflict of jurisdiction. The conflict of jurisdiction is an adverse effect of the fragmentation of international law. The uncoordinated proliferation of international treaties has increased occurrences of overlapping memberships and overlapping subject matter regulation amongst treaties. Whenever the overlaps mentioned above exist, and a dispute arises concerning matters of overlap, that dispute can be heard in more than one tribunal, giving rise to a conflict of jurisdiction. Jurisdictional conflicts are a problem because they breed uncertainty in the adjudication of disputes; they increase the risk of forum shopping, conflict of rulings, protracted litigation, and waste resources. There is a significant risk for jurisdictional conflicts between the World Trade Organisation and Africa Continental Free Trade Area agreements, because of membership and subject matter overlaps. To mitigate the problems caused by jurisdictional conflicts, the Africa Continental Free Trade Area agreement has incorporated a fork-in-the-road clause. Fork-in-the-road provisions allow parties to choose their preferred forum, and once the forum is chosen, the parties are prohibited from bringing the same dispute to another tribunal. Unfortunately, fork-in-the-road clauses are insufficient in resolving jurisdictional conflicts because they do not bind the Dispute Settlement Understanding. It is only bound to enforce World Trade Organisation obligations and not non-World Trade Organisation obligations. The extent to which non-World Trade Organisation norms apply in the Dispute Settlement Understanding is unsettled, making it difficult to conclude whether a fork-in-the-road provision will be effective an effective solution to potential jurisdictional conflicts. In this thesis, the researcher investigates the prospects of the World Trade Organisation applying the AfCFTA fork-in-the-road clause, directly, as a potential solution to the conflict of jurisdiction. In addition, the researcher will also investigate an alternative means of applying the AfCFTA fork-in-the-road provision, indirectly, using the World Trade Organisation procedural good faith provisions. In conclusion, the researcher provides recommendations on how the World Trade Organisation and the AfCFTA agreement can facilitate the application of fork-in-the-road clauses in the Dispute Settlement Understanding to resolve the conflict of jurisdiction. , Thesis (LLM) -- Faculty of Law, Law, 2021
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- Date Issued: 2021-10-29