“What are the preferential trade implications for South Africa’s change in status from a developing country to a developed country in US law?”
Date
2023
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Witwatersrand, Johannesburg
Abstract
This paper addresses the question: what are the preferential trade implications for South Africa’s change in status from a developing country to a developed country in US law? To answer this question, this paper considers international agreements and US legislation. This essay examines the implications of being a developed country by considering the background of developing and developed countries, and the difference in advantages of these countries in trade treaty negotiations. To address international trade concerns, the GATT was established. This essay briefly considers the GATT as the non-discrimination principle is currently incorporated in the WTO. This essay addresses the non-discrimination principle, by considering the Most Favoured Nation principle and its exception – the Enabling Clause. Thereafter, this essay examines the Trade Act as US legislation that incorporates special and differential treatment provisions. This essay discusses the US Generalized System of Preferences (GSP) as a condition under the Enabling Clause, that allows for preferential treatment of developing countries. Furthermore, this essay discusses the AGOA as it is beneficial to South Africa since South African products – such as textiles and apparel – benefit the most from it. This essay argues that South Africa’s agricultural sector will be impacted, if South Africa’s designation changes. This essay considers the IIPA’s petition to place South Africa’s GSP eligibility under review, and additionally it examines the standard of implementation of the TRIPS Agreement. This essay submits that the African Continental Free Trade Area Agreement may be turned to, which may divert developing countries' reliance on preferential schemes, to each other
Description
A research report Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report School of LawUniversity of the Witwatersrand, Johannesburg 2023
Keywords
International Trade Law, Preferential trade, AfCFTA, GATT, WTO, TRIPS Agreement, GSP, AGOA, UCTD
Citation
Chand, Farzaana. (2023). “What are the preferential trade implications for South Africa’s change in status from a developing country to a developed country in US law?” [Master’s dissertation, University of the Witwatersrand, Johannesburg].WireDSpace.