“What are the preferential trade implications for South Africa’s change in status from a developing country to a developed country in US law?”

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dc.contributor.authorChand, Farzaana
dc.date.accessioned2025-01-17T10:51:28Z
dc.date.available2025-01-17T10:51:28Z
dc.date.issued2023
dc.descriptionA 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
dc.description.abstractThis 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
dc.description.submitterMM2025
dc.facultyFaculty of Commerce, Law and Management
dc.identifier.citationChand, 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.
dc.identifier.urihttps://hdl.handle.net/10539/43533
dc.language.isoen
dc.publisherUniversity of the Witwatersrand, Johannesburg
dc.rights© 2025 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg.
dc.rights.holderUniversity of the Witwatersrand, Johannesburg
dc.schoolSchool of Law
dc.subjectInternational Trade Law
dc.subjectPreferential trade
dc.subjectAfCFTA
dc.subjectGATT
dc.subjectWTO
dc.subjectTRIPS Agreement
dc.subjectGSP
dc.subjectAGOA
dc.subjectUCTD
dc.subject.otherSDG-8: Decent work and economic growth
dc.title“What are the preferential trade implications for South Africa’s change in status from a developing country to a developed country in US law?”
dc.typeDissertation
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