The trade, development and cooperation agreement between the Republic of South Africa and the European Union : an analysis with special regard to the negotiating process, the contents of the agreement, the applicability of WTO law and the Port and Sherry Agreement

[摘要] ENGLISH ABSTRACT:This thesis deals with the Trade, Development and Cooperation Agreement (TDCA)between the European Union and the Republic of South Africa, which was concludedin October 1999. In particular, the agreement is analysed in the light of thenegotiating process between the parties, the contents of the agreement, theapplicability of WTO law and the compatibility of the agreement with it and the Portand Sherry Agreement.Since the EU emphasised its aim to commence economic and developmentcooperation with other African, Caribbean and Pacific (ACP) countries on a reciprocalbasis during the negotiations for a successor of the Lomé Convention, the TDCAbetween the EU and South Africa had to be seen as a pilot project for futurecooperation agreements between countries at different levels of development. TheTDCA between the EU and South Africa is therefore not only very important for thetwo concerned parties, but could serve as an example for further negotiationsbetween the EU and other ACP countries. Thus the purpose of this thesis is toexamine the TDCA between the EU and South Africa from a wider globalperspective.The thesis is divided into six Chapters:The first Chapter provides an introduction to the circumstances under which thenegotiations between the EU and South Africa commenced. It deals briefly with theeconomic situation in South Africa during the apartheid era and presents reasonswhy the parties wanted to enter into bilateral negotiations. The introductory partfurthermore presents an overview of the contents of the thesis.The second chapter contains a detailed description of the negotiating process thattook place between the parties and shows why it took 43 months and 21 rounds ofnegotiations to reach a deal. South Africa's partial accession to the Lomé Conventionand the conclusion of separate agreements such as the Wine and Spirits Agreement,are also analysed.Chapter three presents the various components of the TOCA and illustrates what thenegotiators achieved. This chapter on the TOCA concludes with an evaluation of theAgreement and shows the potential benefits to South Africa and the EU.Since the Agreement had to satisfy international rules, the provisions of the GeneralAgreement on Tariffs and TradelWorld Trade Organisation (GATTIWTO) were ofmajor importance. The EC Treaty, however, does not contain any provision thatindicates whether, or how, an international agreement like the GATTIWTO penetratesthe Community legal order. In Chapter four, accordingly, questions are raisedregarding the extent to which the bilateral agreement between South Africa and theEU was influenced by the GATTIWTO provisions and how these rules wereincorporated into the agreement. Furthermore, since the parties agreed on theestablishment of a free trade area, this chapter deals with the question of in how farthe TOCA is in line with Article XXIV GATT.In addition to the GATT provisions, the TOCA is also affected by the Agreement onTrade Related Aspects of Intellectual Property Rights (TRIPs). Therefore Chapter fivedeals with TRIPs in connection with the TOCA. The use of the terms Port andSherry as the major stumbling block to the conclusion of the TOCA is analysedmore closely.The final part, namely Chapter six, provides a summary of the results of theinvestigation. Furthermore, a conclusion is provided with regard to the question ofwhether the TOeA can be seen as an example for further trade relations between theEU and other ACP countries.

[发布机构] Stellenbosch University