An Assessment of WTO Compliance by the South African Anti-Dumping Regime in Respect of the Determination of Causation

2013 ◽  
Author(s):  
Omphemetse S. Sibanda
Keyword(s):  
South African ◽  
The South

The Need for the Statutory Introduction of the Concept of “Matrimonial Property” in Nigeria

2019 ◽  
Vol 63 (1) ◽  
pp. 105-125
Author(s):  
Chinedu Justin Efe
Keyword(s):  
Property Rights ◽  
South African ◽  
Property Law ◽  
The South ◽  
Property System ◽  
Special Category

AbstractThis article demonstrates how the application of the ordinary rules of property law in the determination of the property rights of spouses in Nigeria has been unfair to a financially weaker spouse (usually the wife). It calls for reconsideration of the present matrimonial property rights arrangement between a husband and a wife in Nigeria. It argues in favour of the statutory introduction of the concept of “matrimonial property” in Nigeria to apply both during marriage and at divorce. To give some background, reference is made to the South African matrimonial property system of community of property and the accrual system. The article proposes that a special category of property, known as “matrimonial property” and which emphasizes the equal proprietary rights of spouses, is recognized.

Determination of moult stage in the South African West Coast rock lobsterJasus lalandii(h. Milne Edwards) (Crustacea: Decapoda)

2000 ◽  
Vol 22 (1) ◽  
pp. 177-183 ◽  
Author(s):  
G. Isaacs ◽  
A. C. Cockcroft ◽  
M. J. Gibbons ◽  
C. J. de Villiers
Keyword(s):  
South African ◽  
West Coast ◽  
The South ◽  
Moult Stage

The Compatibility of South African Anti-Dumping Laws with WTO Disciplines

2017 ◽  
Vol 25 (3) ◽  
pp. 347-370 ◽  
Author(s):  
Saloni Khanderia
Keyword(s):  
South Africa ◽  
International Trade ◽  
Causal Relationship ◽  
South African ◽  
Export Price ◽  
International Community ◽  
The Other ◽  
The South

This article evaluates the compatibility of South African laws on anti-dumping with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002 and the Anti-Dumping Regulations 2005 to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. This has in turn resulted in strained relationships between South Africa and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.

scholarly journals ADMINISTRATIVE BIAS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 35
Author(s):  
E S Nwauche
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Judicial Review ◽  
Alternative Interpretation ◽  
European Convention ◽  
The South ◽  
Reasonable Suspicion ◽  
Administrative Justice

 This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty) Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curative mechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1) of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route of judicial review.

Procedural Requirements of the South African Anti-Dumping Law and Practice Prior to Imposition of Anti-Dumping Duties: Are They Really WTO-inconsistent?

2020 ◽  
Vol 55 (2) ◽  
pp. 216-238
Author(s):  
Omphemetse S. Sibanda
Keyword(s):  
South African ◽  
Price Discrimination ◽  
Export Price ◽  
World Trade Organisation ◽  
The South ◽  
Jel Codes ◽  
Domestic Industry ◽  
The World ◽  
Differential Pricing

Dumping, which is a form of price discrimination or differential pricing of different units of the same good sold at different prices in different markets, remains a continuing problem for many countries. The World Trade Organisation (WTO) members resort to the imposition of anti-dumping duties or levies to offset the effects of the dumped products on the domestic industry. This article provides a critical analysis of procedural issues in the South African anti-dumping law and practice to determine if it is compatible with the WTO’s Anti-Dumping Agreement (ADA). It particularly focusses on procedural issues prior to the imposition of anti-dumping measures by the South African International Trade Administration Commission. Some authors argue that the South African anti-dumping law and practice is incompatible with its WTO obligations in areas such as the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. The conclusion provided in this article is that the South African law and application of anti-dumping measure is largely WTO-compliant, particularly on the issues of initiation, investigation and prosecution of anti-dumping complaints. JEL Codes: F10, F13, F14, F19, K33, K41

P1045 Determination of genome-wide linkage disequilibrium in the South African Bonsmara reference population

2016 ◽  
Vol 94 (suppl_4) ◽  
pp. 36-36
Author(s):  
L. M. Bosman ◽  
R. R. van der Westhuizen ◽  
C. D. Visser ◽  
E. van Marle-Koster
Keyword(s):  
Linkage Disequilibrium ◽  
South African ◽  
Reference Population ◽  
The South ◽  
Genome Wide ◽  
Genome Wide Linkage Disequilibrium

scholarly journals The impact of economic globalisation on the South African auto industry

2003 ◽  
Vol 6 (1) ◽  
pp. 178-196 ◽  
Author(s):  
Oumar Bouare ◽  
Khuli Tlabela ◽  
Jaré Struwig ◽  
Zakes Langa
Keyword(s):  
South African ◽  
Auto Industry ◽  
The South ◽  
Policy Makers ◽  
Domestic Industry ◽  
Duopoly Model ◽  
Log Linear ◽  
The Impact ◽  
Economic Globalisation

This paper assesses the impact of economic globalisation on the South African auto industry. First, a duopoly model of differentiated products is used, which allows the determination of the free trade and protection dividing line. This determines the stay-exit function, which shows the profitability level of the domestic industry. Second, to determine the relationship between employment, profitability and export in the auto industry, a log-linear equation is estimated in which the logarithm of employment is expressed as a function of the logarithm of the distance between the stay-exit function and the trade line and the logarithm of export. These estimates suggest that policy makers take measures to either prevent the destruction of the domestic industry and the decrease in employment in the auto industry, or increase its profitability and employment.

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