3. Electronic Theses and Dissertations (ETDs) - All submissions
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Item Radio spectrum reforms and associated effects on market liberalisation(2016) Lesufi, Cynthia LeungoThere is a common opinion among researchers and experts that efficient management of radio spectrum plays a vital role in ensuring universal access to telecommunications services. The objective of this study was to identify radio spectrum reforms and their associated effects on market liberalisation. It was postulated that appropriate radio spectrum reforms would be catalysts for market liberalisation. The evolution of command-and-control approaches in relation to market-based approaches was assessed. The research involved literature critique, review of policies as that relates to history of radio spectrum management in South Africa and across the world, and radio spectrum regulations analysis in South Africa. Interviews of radio spectrum industry experts and documents study of the evolution of telecommunications regulatory environment with respect to radio spectrum management and market liberalisation were also used as main sources of research. The purpose of the literature critique, review of policies, regulations and documents was to identify hints of radio spectrum reforms and measure qualitatively the extent of market liberalisation. While interviews of radio spectrum industry experts were used to ascertain industry response to strides made as far as radio spectrum and market liberalisation in South Africa. It was observed that initially, in most parts of the world and in South Africa, market liberalisation progressed quickly despite appreciable correlation with radio spectrum reforms. Early radio spectrum reforms, such as the establishment of an independent regulator of the industry and radio spectrum, had contributed to some level of market liberalisation with creation of oligopolistic telecommunication market, and had increased to radio spectrum by Vodacom, MTN and Cell C having access to both 900 MHz and 1800 MHz bands. However, perpetual practise of command-and-control, an efficient radio spectrum management encouraged hoarding. The literature review and interview provided seven main contributions of reforms in the form of strides. These strides formed the basis for the research framework: 1) establishment of an independent regulator of the industry and radio spectrum, 2) increased access to radio spectrum, 3) service and technology neutrality on radio spectrum, 4) essential facilities to enable sharing, 5) market-based approaches radio spectrum pricing: AIP, 6) service-based competition versus infrastructure-based competition, and 7) non-rival, non-exclusive usage of radio spectrum. The conclusion is that increasing access to radio spectrum and the independent regulator were not primary determinants of market liberalisation. An analytic framework has been used to show that market liberalisation reached a plateau phase, with a few incumbents becoming dominant and creating an oligopolistic market structure. It is at this point that further market liberalisation could be stimulated by additional radio spectrum reforms. The command-and-control approach remains the main bottleneck source for access and efficiency in radio spectrum management, which encourages rival and exclusive use of radio spectrum. It has been observed that market-based radio spectrum reforms have also entrenched rivalry and exclusivity in the use of radio spectrum. Radio spectrum reforms that encourage non-rivalry and non-exclusivity, such as open-access to radio spectrum, are highly recommended in this research.Item The interpretation and application of GATT's article XXIII to anti-dumping law and practice(2016) Hanauer, Luz HelenaThe research is divided in seven sections where the problem of the interpretation and applicability of Art XXIII GATT to the Laws and Practices under the Anti-Dumping Agreement is examined. Chapter I identifies the problems, raises the research question and gives an overview of the current state of the matters under observation. In Chapter II the general theory of interpretation is studied and subsequently applied to Art XXIII specifically, taking into account the meaning, scope, historical evolution and current interpretations of Art XXIII. Chapter III revises the theory of coherent interpretation of Art XXIII in connection with the Anti-Dumping Agreement specifically. The constitutional structure and principles of the WTO are questioned, dissected and supported to decant a handful of fundamental principles which shall inform the rest of the interpretation applied in the research. This chapter takes the interpretation from an abstract perspective to a material view of a coherent interpretation of both Art. XXIII and the Anti-Dumping Agreement. Chapter IV revises the facts, laws and practices of Anti-Dumping being used as a protectionist measure in disguise both using procedural and substantial arguments which are illustrated in the laws and practices of seven countries. The findings in Chapter IV lead to Chapter V which questions the legitimacy and validity of considering the possible applicability of Art XXIII to the anti-Dumping Agreement as it is currently implemented by the WTO membership. Those reflections lead to the consideration and mention of Competition as a public good in international trade in Chapter VI, which is a key element for the final findings of this research. The conclusion of this research is inclined to suggest that in order to keep the legal system of the WTO functional, a stronger economic constitutional approach that allows for the application of art XXIII in situations subversive to the principles of free trade is necessary. The adaptation of a theory of an economic constitution is proposed.