The regulation of subsidies and regional trade among developing countries in the multilateral trading system: the case of export processing zones in Malawi
- Authors: Chirwa, Watson Pajanji
- Date: 2018
- Subjects: Trade regulation -- Malawi , Subsidies -- Law and legislation -- Malawi , Southern African Development Community , Common Market for Eastern and Southern Africa , Foreign trade regulation -- Malawi , Export processing zones -- Law and legislation -- Malawi
- Language: English
- Type: text , Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10962/62428 , vital:28175
- Description: The paradigm shift engaged by countries in SADC and COMESA, such as Malawi, from the use of import substitution policies which were aimed at protecting their infant industries, to export led growth strategies, necessitated these developing countries to liberalise their economies. The liberalisation of these economies meant that, for them to attain development, they needed to trade more on the international market. However, with underdeveloped industries and a lack of local entrepreneurs who could provide export supplies to fill the void created by the liberalisation policies, developing countries had to look beyond their borders for investors. In pursuit of this objective, governments have been devising ways of attracting foreign direct investment which can stimulate export growth. One of the methods employed is the granting of investment incentives to would-be investors. Unlike developed countries who provide investment incentives in the form of financial incentives, developing countries grant fiscal incentives. These are incentives that reduce tax burdens of enterprises to induce them to invest in particular projects or sectors. One of the mediums of providing the incentives adopted by the developing countries is the use of EPZ schemes. EPZs provide incentives such as exemptions of direct and indirect taxes to companies that operate in the zones. However, being Members of the WTO and SADC and/or COMESA, these countries are bound by obligations regulating trade and investment as found in these Agreements. The expectation is that the fiscal incentives employed in the EPZs do not grant subsidies that are prohibited under the SCM Agreement and rules regulating subsidies in SADC and COMESA. In addition, even though the use of EPZs is not expressly proscribed under the SADC Protocol on Trade, it may be against the objectives of the Protocol - one of which is the pursuance of the inter-jurisdictional goal of cooperation in attainment of free trade among its members. Therefore, this study assesses whether the use of EPZs by some countries in the two RTAs (particularly Malawi) is in tandem with the subsidies regulation as found in the multilateral trading system and at regional level. It also assesses whether, if there is a breach of the same, it might be justified as part of the special and differential treatment accorded to developing countries by developed countries under the WTO. The study further assesses whether the use of EPZs might be against the spirit and objects of FTAs such as SADC.
- Full Text:
- Date Issued: 2018
- Authors: Chirwa, Watson Pajanji
- Date: 2018
- Subjects: Trade regulation -- Malawi , Subsidies -- Law and legislation -- Malawi , Southern African Development Community , Common Market for Eastern and Southern Africa , Foreign trade regulation -- Malawi , Export processing zones -- Law and legislation -- Malawi
- Language: English
- Type: text , Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10962/62428 , vital:28175
- Description: The paradigm shift engaged by countries in SADC and COMESA, such as Malawi, from the use of import substitution policies which were aimed at protecting their infant industries, to export led growth strategies, necessitated these developing countries to liberalise their economies. The liberalisation of these economies meant that, for them to attain development, they needed to trade more on the international market. However, with underdeveloped industries and a lack of local entrepreneurs who could provide export supplies to fill the void created by the liberalisation policies, developing countries had to look beyond their borders for investors. In pursuit of this objective, governments have been devising ways of attracting foreign direct investment which can stimulate export growth. One of the methods employed is the granting of investment incentives to would-be investors. Unlike developed countries who provide investment incentives in the form of financial incentives, developing countries grant fiscal incentives. These are incentives that reduce tax burdens of enterprises to induce them to invest in particular projects or sectors. One of the mediums of providing the incentives adopted by the developing countries is the use of EPZ schemes. EPZs provide incentives such as exemptions of direct and indirect taxes to companies that operate in the zones. However, being Members of the WTO and SADC and/or COMESA, these countries are bound by obligations regulating trade and investment as found in these Agreements. The expectation is that the fiscal incentives employed in the EPZs do not grant subsidies that are prohibited under the SCM Agreement and rules regulating subsidies in SADC and COMESA. In addition, even though the use of EPZs is not expressly proscribed under the SADC Protocol on Trade, it may be against the objectives of the Protocol - one of which is the pursuance of the inter-jurisdictional goal of cooperation in attainment of free trade among its members. Therefore, this study assesses whether the use of EPZs by some countries in the two RTAs (particularly Malawi) is in tandem with the subsidies regulation as found in the multilateral trading system and at regional level. It also assesses whether, if there is a breach of the same, it might be justified as part of the special and differential treatment accorded to developing countries by developed countries under the WTO. The study further assesses whether the use of EPZs might be against the spirit and objects of FTAs such as SADC.
- Full Text:
- Date Issued: 2018
Towards a developed regional order: which way forward southern Africa?
- Authors: Blaauw, Abraham Lesley
- Date: 1997
- Subjects: Common Market for Eastern and Southern Africa , Regional planning -- Africa, Southern , Regional planning -- South Africa , Southern African Customs Union , Southern African Development Community , Africa, Southern -- Economic conditions , Africa, Southern -- Politics and government -- 1975-1994
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2760 , http://hdl.handle.net/10962/d1002970 , Common Market for Eastern and Southern Africa , Regional planning -- Africa, Southern , Regional planning -- South Africa , Southern African Customs Union , Southern African Development Community , Africa, Southern -- Economic conditions , Africa, Southern -- Politics and government -- 1975-1994
- Description: The regionalisation of politics on a global scale, Call be seen as one of the defining features of contemporary international relations. Given this phenomenon, the tasks which confronted this thesis, was to consider the conditions and requirements necessary within the Southern African region to build an all-embracing developed regional order. The urgency with which the latter task should be undertaken, is premised on an increased realisation that the region, and indeed the continent as a whole, are becoming of lesser significance in international affairs. However, a number of impediments will have to be overcome, before the goal of a developed regional order can be achieved, which will contribute to lasting security in the region. Foremost amongst many issues, is how to employ the approaches to integration, in attempting to explain how the goal of a developed order should be achieved. A second problem which this thesis was confronted with, relates to which organisation shoulO be' considered the best vehicle, to drive the integration process forward- COMESA, SACU or SADC. The decision take SADC as the organisation to drive the integration process forward, is premised on a number of factors. Amongst many, it qualifies in geographical terms as a region, the historical linkages of the countries of the region (based on their fight against apartheid, division of labour, etc.), serves as a basis for building a sense of community. Thirdly its institutions can be developed to achieve the goal of an all-embracing regional order. Lastly and most importantly, SADC realises that regional integration will remain unattainable without the involvement of the peoples of Southern Africa. The identification of the organisation to drive the integration process forward, serves to bolster moves towards a maximalist order. However, significant changes in the structure and institutions of SADC is necessary, before it can be considered an all-embracing and developed regional order. Not suprisingly, therefore, we have witness a number of institutional changes to the SADC structures. Amongst many, the establishment of the Organ on Politics, Defence and Security , the signing of the SADC Trade Facilitation Protocol, and the commitment to democracy and a human rights culture, are most significant and will, it is hoped, provide the building-blocks for deeper integration in Southern Africa. Apart from the above, which occur between and among the states of the region, steps are underway between and among the agents of civil society to work closely with each other, to establish a regional civil society. Most notably, the establishment of a media society for Southern Africa, the calls by COSATU for a Social Charter with a regional flavour, the establishment of environmental and human rights networks, and the support for the Gay and Lesbian Movement of Zimbabwe (GALZ), represent landmarks, in the search for a developed regional order. However, the reluctance of the governments of the Southern African countries, to consult with the NGOs, before the adoption of the Organ Politics, clearly bears testimony to their present inability to take the necessary steps needed to move from a minimalist to a maximalist conception of regional organisation. The suggestion of this thesis is that the move-away from minimalism to maximalism can be facilitated by the development of a political centre-around which both governments and NGO activities can be articulated, since both are primarily concerned with the security and welfare of the Southern African region.
- Full Text:
- Date Issued: 1997
- Authors: Blaauw, Abraham Lesley
- Date: 1997
- Subjects: Common Market for Eastern and Southern Africa , Regional planning -- Africa, Southern , Regional planning -- South Africa , Southern African Customs Union , Southern African Development Community , Africa, Southern -- Economic conditions , Africa, Southern -- Politics and government -- 1975-1994
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2760 , http://hdl.handle.net/10962/d1002970 , Common Market for Eastern and Southern Africa , Regional planning -- Africa, Southern , Regional planning -- South Africa , Southern African Customs Union , Southern African Development Community , Africa, Southern -- Economic conditions , Africa, Southern -- Politics and government -- 1975-1994
- Description: The regionalisation of politics on a global scale, Call be seen as one of the defining features of contemporary international relations. Given this phenomenon, the tasks which confronted this thesis, was to consider the conditions and requirements necessary within the Southern African region to build an all-embracing developed regional order. The urgency with which the latter task should be undertaken, is premised on an increased realisation that the region, and indeed the continent as a whole, are becoming of lesser significance in international affairs. However, a number of impediments will have to be overcome, before the goal of a developed regional order can be achieved, which will contribute to lasting security in the region. Foremost amongst many issues, is how to employ the approaches to integration, in attempting to explain how the goal of a developed order should be achieved. A second problem which this thesis was confronted with, relates to which organisation shoulO be' considered the best vehicle, to drive the integration process forward- COMESA, SACU or SADC. The decision take SADC as the organisation to drive the integration process forward, is premised on a number of factors. Amongst many, it qualifies in geographical terms as a region, the historical linkages of the countries of the region (based on their fight against apartheid, division of labour, etc.), serves as a basis for building a sense of community. Thirdly its institutions can be developed to achieve the goal of an all-embracing regional order. Lastly and most importantly, SADC realises that regional integration will remain unattainable without the involvement of the peoples of Southern Africa. The identification of the organisation to drive the integration process forward, serves to bolster moves towards a maximalist order. However, significant changes in the structure and institutions of SADC is necessary, before it can be considered an all-embracing and developed regional order. Not suprisingly, therefore, we have witness a number of institutional changes to the SADC structures. Amongst many, the establishment of the Organ on Politics, Defence and Security , the signing of the SADC Trade Facilitation Protocol, and the commitment to democracy and a human rights culture, are most significant and will, it is hoped, provide the building-blocks for deeper integration in Southern Africa. Apart from the above, which occur between and among the states of the region, steps are underway between and among the agents of civil society to work closely with each other, to establish a regional civil society. Most notably, the establishment of a media society for Southern Africa, the calls by COSATU for a Social Charter with a regional flavour, the establishment of environmental and human rights networks, and the support for the Gay and Lesbian Movement of Zimbabwe (GALZ), represent landmarks, in the search for a developed regional order. However, the reluctance of the governments of the Southern African countries, to consult with the NGOs, before the adoption of the Organ Politics, clearly bears testimony to their present inability to take the necessary steps needed to move from a minimalist to a maximalist conception of regional organisation. The suggestion of this thesis is that the move-away from minimalism to maximalism can be facilitated by the development of a political centre-around which both governments and NGO activities can be articulated, since both are primarily concerned with the security and welfare of the Southern African region.
- Full Text:
- Date Issued: 1997
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