Browsing by Author "Lenaghan, Patricia"
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Item Access to essential medicines in East Africa: A review of East Africa community and its member states approach to WTO-TRIPS public health flexibilities(University of the Western Cape, 2018) Majok, Daniel Bol; Lenaghan, PatriciaMagister Legum - LLM (Mercantile and Labour Law)Item Accession of least developed countries into the world trade organisation: the perspective of south Sudan(University of Western Cape, 2013) Oliver, Bakadi Sannah; Lenaghan, PatriciaItem Accession of least developed countries into the world trade organisation: the perspective of south Sudan(University of Western Cape, 2013) Oliver, Bakadi Sannah; Lenaghan, PatriciaItem Advancing regional integration through the free movement of persons in the Southern African Development Community (SADC)(Nelson R Mandela School of Law, 2020) Lenaghan, Patricia; Amadi, VictorThe level at which the Southern African Development Community (SADC) region has managed to regulate the free movement of persons, so as to reduce or completely eliminate, rigorous administrative requirements poses a challenge in so far as the ease of services supply is concerned. The Draft Protocol on the Facilitation on the Movement of Persons of 2005, remains inoperative, leaving national immigration laws to regulate the movement of people in the region. This lack of progress may indicate a lack of political will towards creating an effective large-scale integrated community. Intra-regional trade in aspects relating to services in the SADC is at a low as will be seen in the background and introductory section of this paper. This paper seeks to argue for the adoption of a less restrictive approach towards movement of people as a strategy to further boost regional trade in the SADC.Item An assessment of Ghana's anti-dumping regime in line with the World Trade Organisation Anti-Dumping Agreement(University of the Western Cape, 2017) Mohammed, Anass; Lenaghan, PatriciaThe establishment of an anti-dumping regime has become commonplace for many a government that seeks to protect and promote its local industries. One reason which appears to be dominant by its proponents is the need to curb predatory pricing. Another reason given by the proponents of anti-dumping is the need to maintain a level playing field for players in any particular industry. With these reasons and probably many others, anti-dumping legislation began to find its way into present-day trade. Canada, with its anti-dumping statute of 1904 [An Act to Amend the Customs Tariff 1897, 4 Edw VIII, 1 Canada Statutes 111 (1904)] is credited with the first modern anti-dumping legislation. New Zealand followed in 1905 with the Agricultural Implement Manufacture, Importation and Sale Act 1905, which was primarily meant to protect New Zealand's manufacturers of agricultural implements. The Industries Preservation Act 1906 which Australia enacted was to deal with market monopoly by manufacturers but it also contained provisions on anti-dumping. The first decade of the 20th century will thus qualify to be called the introductory decade of anti-dumping legislation.Item An analysis of the impact of the European Union's policy of export subsidies has on South Africa's Agricultural sector(University of the Western Cape, 2007) Carolissen, Lee-David; Lenaghan, Patricia; Faculty of LawIn this thesis, the study examines the factors that are believed to be instrumental in this trade imbalance between the European Union and the developing world in the agricultural sector. The study focuses on the main reason for the existence of this imbalance which is the continued use of export subsidies by the European Union. The discussion attempts to highlight the inadequacies which exist in the current trade relationship between the European Union and developing nations , in particular South Africa with regard to agricultural produce.Item An analysis of the role of public - private partnerships in regional integration initiatives in Southern Africa(University of the Western Cape, 2014) Nyali, Xolani; Lenaghan, PatriciaThis research paper, therefore, will focus on (i) the challenges and opportunities presented by hard infrastructure and (ii) the potential scope of public-private partnerships in alleviating such challenges and responding to the opportunities. This research paper, as a secondary objective, cautions against missing an opportunity to advocate for the deployment of capital in a manner that benefits the region and gives sufficient returns to investors. Simply put, such a failure has the potential to derail the regional integration project in Southern Africa. This would translate to consumers and market participants being subjected to a finite market, less competition, higher prices and less innovation. In responding to the above analyses, this research paper undertakes a thorough study of the current legal framework and practices in SADC which allow for participation of the private sector in public-private partnerships. In this regard, this research paper will consider which between institutionalisation or the ad hoc participation of the private sector in public-private partnerships is a viable policy goal.Item An analysis of the role of public - private partnerships in regional integration initiatives in Southern Africa(University of the Western Cape, 2014) Nyali, Xolani; Lenaghan, PatriciaThis research paper, therefore, will focus on (i) the challenges and opportunities presented by hard infrastructure and (ii) the potential scope of public-private partnerships in alleviating such challenges and responding to the opportunities. This research paper, as a secondary objective, cautions against missing an opportunity to advocate for the deployment of capital in a manner that benefits the region and gives sufficient returns to investors. Simply put, such a failure has the potential to derail the regional integration project in Southern Africa. This would translate to consumers and market participants being subjected to a finite market, less competition, higher prices and less innovation. In responding to the above analyses, this research paper undertakes a thorough study of the current legal framework and practices in SADC which allow for participation of the private sector in public-private partnerships. In this regard, this research paper will consider which between institutionalisation or the ad hoc participation of the private sector in public-private partnerships is a viable policy goal.Item The British exit from the European Union and its effects on existing legislation and other member states(The University of the Western Cape, 2017) Manjengenja, Hazel; Lenaghan, PatriciaThe European Union (EU) was formed so as to maintain peace and to unify Europe in a bid to ensure that the events caused by the Second World War would never be repeated again. The idea was to bring the nations together both economically and politically and to ensure long lasting peace. The EU, as we know it today was the brain child of Robert Schuman, who first introduced by the Schuman Declaration in 1950. The Schuman Declaration became the heart of the European Coal and Steel Community (ECSC) in 1951. The EU was subsequently created through a number of treaties with each Treaty and agreement bringing economic and political unity. The treaties of Rome signed in 1957 fostered economic cooperation. The Single European Act gave birth to the Common Market thus economic unity to the member states, completing the four freedoms, the freedom of movement of goods, services, people and money. The Maastricht treaty of 1992 created the EU because it addressed the measures of security and defence as well as home affairs. These treaties were followed by the Amsterdam (1997), Nice (2001) and the Lisbon (2007) treaties, while the community grew from original 6 members to having 28 member states.Item "A comparison of the Cotonou Agreement and the AGOA: trade creating or trade diverting?"(University of the Western Cape, 2005) Klostermann, Eva Amelie; Lenaghan, Patricia; Faculty of LawThis thesis has attempted to provide an analysis of two legal instruments; the Cotonou Agreement and the AGOA. Specific attention was directed to these instruments impact on trade between the European Union and the United States, respectively, and beneficiary African countries.Item The conflicting aspects of economic development within Economic Partnership Agreements: will they promote development? a case study of the East African Community Economic Partnership Agreement(University of Western Cape, 2009) Kabbale, Ivan Denis; Lenaghan, PatriciaItem The conflicting aspects of economic development within Economic Partnership Agreements: will they promote development? a case study of the East African Community Economic Partnership Agreement(University of Western Cape, 2009) Kabbale, Ivan Denis; Lenaghan, PatriciaItem A critical analysis of the impact of Brexit on the SADC-EU EPA(University of the Western Cape, 2019) Vonya, Qamani; Lenaghan, PatriciaThe United Kingdom (UK) is one of the largest Member states within the European Union (EU) that receive export goods from developing countries. The UK has successfully voted to exit the EU through a referendum and this may impact the already existing developing countries’ markets that depend on their exports to the UK. On the one hand, the UK has promised that it intends on maintaining the existing trade agreements with most of its trade partners including the Southern African Development Community (SADC)-EU Economic Partnership Agreements (EPA). On the other hand, the UK is concerned of its independence from the EU and at this point in time, it can only be anticipated that, agreements if any, relating to Brexit will only suffice once the entire exiting process has been completed.Item A critique of the SADC region’s regulatory response measures to the Covid-19 pandemic, paying special attention to travel restriction measures and their effect on food security(University of the Western Cape, 2023) Chikodza, Englebert; Lenaghan, PatriciaThe transition in the economy around the globe has led many countries to pursue integration at various levels. The importance of regional integration is highly noted in various parts of the world, with the most successful countries reaping the benefits of such cooperation. Regional integration bodies such as the European Union (EU) are notable examples of successful integration efforts. Consequently, there has been much backing from the African community for regional assimilation since the attainment of independence from the European colonial powers.1 Regional integration is seen as a rational response to challenges faced by a continent with many small national markets and non-coastal countriesItem Customs reform as a means to enhancing trade facilitation for increased market access : a South African perspective(University of the Western Cape, 2015) Amadi, Victor; Lenaghan, PatriciaItem Discrimination to the employment context on the ground of religion: an examination of the position in South African and European union law(University of the Western Cape, 2008) Ahmed, Naima; Lenaghan, PatriciaIn this mini-thesis, I try to explore that the right to equality has brought with it the right not to discriminate against on various prohibited grounds, including religion. This minithesis examines the right not to be discriminated against on the ground of religion within the labour relationship context. The enquiry takes account of international instruments that impact upon the issue, but more particularly looks at the position in South Africa where the Constitution and the several Acts relating to labour law are of special importance] and undertakes a comparative enquiry of the relevant provisions in the EU' The analysis highlights the many problems arising out of the need to have definitions for the vital terms and concepts relevant to the discussion, in particular, meaning of 'religion', 'discrimination', and 'inherent requirements of the job.Item East African community-European Union economic partnership agreement, to be or not to be? Will conomic partnership agreement undermine or accelerate trade development within the East African community(University of the Western Cape, 2011) Macheru, Maryanne Wambui; Lenaghan, PatriciaItem East African community-European union economic partnership agreement, to be or not to be? will economic partnership agreement undermine or accelerate trade development within the East African community?(2011) Wambui, Macheru Maryanne; Lenaghan, PatriciaItem East African community-European union economic partnership agreement, to be or not to be? will economic partnership agreement undermine or accelerate trade development within the East African community?(2011) Wambui, Macheru Maryanne; Lenaghan, PatriciaItem Equality and non discrimination in tertiary education for the visually impaired(University of the Western Cape, 2009) Pillay, Justin; Lenaghan, Patricia; Faculty of Law
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