SADC Environmental Law and the Promotion of Sustainable Development

by | Oct 14, 2019 | SADC, SADC 2012I2

SADC Environmental Law and the Promotion of Sustainable Development

Authors Oliver C Ruppel

ISSN: 2026-8556
Affiliations: Professor of Law, Faculty of Law, Stellenbosch University
Source: SADC Law Journal, The, 2012, Issue 2, p. 246 – 280

Abstract

One of the objectives of the Southern African Development Community (SADC) is to promote sustainable and equitable economic growth and socio-economic development that will ensure poverty alleviation in the region. Furthermore, SADC aims to achieve the sustainable utilisation of natural resources and effective protection of the environment. SADC environmental law consists of a myriad of provisions scattered all over its legal framework, namely the SADC Treaty, the SADC Protocols, and other SADC legal instruments. This paper sketches the most relevant environmental instruments within the SADC legal framework and, by referring to relevant cases, outlines how enforcement of these instruments is being handled. The critical role and the current status of the SADC Tribunal are reflected on, and a connection is established to cross-cutting regimes such as the Southern African Customs Union; the East African Community (EAC), the Common Market for Eastern and Southern Africa (COMESA) and SADC (EAC — COMESA — SADC) Tripartite Initiative; and the association among Brazil, Russia, India, China and South Africa (BRICS), before elaborating on particular issues pertaining to SADC climate change policy.

Regional cooperation in public procurement: A South African perspective

by | Oct 14, 2019 | SADC, SADC 2012I2

Regional cooperation in public procurement: A South African perspective

Authors Stephen P Le R De La Harpe

ISSN: 2026-8556
Affiliations: Associate Professor, Faculty of Law, North-West University
Source: SADC Law Journal, The, 2012, Issue 2, p. 223 – 245

Abstract

One of the major challenges in the regionalisation of public procurement, especially in the developing world, is the achievement of countries’ socio-economic objectives and how to balance this with the liberalisation of regional trade in the public procurement sphere. From the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Public Procurement of Goods, Services and Construction, the General Procurement Agreement of the World Trade Organization (WTO), and the South African law, it is clear that effective measures are available for states to achieve their socio-economic objectives. However, the necessary safeguards need to be put in place to ensure that the generally acceptable principles of public procurement also apply to these measures. The mere fact that countries need to achieve their socio-economic objectives should not be an obstacle in the regionalisation process or in the deeper integration of public procurement in a region. In fact, governments should lead by example and strive to deepen regional integration in public procurement. Therefore, it will be necessary for the individual country to find the balance between realising its socio-economic objectives and the need to allow all states in the region to access its internal public procurement market.

The 2009 Bilateral Investment Treaty between South Africa and Zimbabwe : Balancing between competing pressures

by | Oct 14, 2019 | SADC, SADC 2012I2

The 2009 Bilateral Investment Treaty between South Africa and Zimbabwe : Balancing between competing pressures

Authors Nokuhle Madolo

ISSN: 2026-8556
Affiliations: Senior Researcher at the Mandela Institute, University of the Witwatersrand
Source: SADC Law Journal, The, 2012, Issue 2, p. 205 – 222

Abstract

This paper discusses the Bilateral Investment Promotion and Protection Agreement (BIPPA) between South Africa and Zimbabwe entered into in November 2009. It highlights the fact that policymakers in both countries realised the need to have an agreement in place that would boost Zimbabwe’s beleaguered economy and serve as a protection mechanism for investments in both countries — amidst objections from South African farmers who tried to stop the agreement from being signed. The paper discusses the implications of these two countries’ entering into such an agreement against the background of their national economic policies, national laws and international law. The paper suggests there is a need to maintain a balance between national polices and international law as competing pressures are brought to bear when it comes to the BIPPA’s implementation. The question here is whether or not the Agreement alone is likely to solve the long-standing conflict brought by Zimbabwe’s land policy, which resulted in the seizing of land and the issue of investor protection. Competing pressures that are raised in this regard are issues of constitutional rights, legislative supremacy, diplomatic protection, and treaty interpretation in regard to investor protection. In this regard, the paper investigates the implications of the Agreement from the point of view of other legal obligations invoked in different forums, namely domestic South African and Zimbabwe law, Southern African Development Community (SADC) regional law, international law, and international customary law. Further questions are whether or not the BIPPA can, on its own, solve any investor dispute that may arise, and whether or not investors will be faced with a host of other competing legal pressures that could be brought to the forefront in future investment disputes. Of particular importance would be the BIPPA’s dispute resolution clauses. The discussion explores whether or not the signing of this Agreement ushered in a new dawn in the Zimbabwean economy and the stabilisation of the southern African region in general. The discussion is concluded by suggesting that, in seeking to balance the competing interests between national policies and international law and to ensure the constitutional responsibilities of the state are not interfered with, the BIPPA attempts to regulate future cross-border investment disputes between South Africa and Zimbabwe.

The state of trade liberalisation in goods in SADC

by | Oct 14, 2019 | SADC, SADC 2012I2

The state of trade liberalisation in goods in SADC

Authors Precious Nonhlanhla Ndlovu

ISSN: 2026-8556
Affiliations: LLD Candidate and Associate Lecturer, Faculty of Law, University of the Western Cape
Source: SADC Law Journal, The, 2012, Issue 2, p. 187 – 204

Abstract

The Protocol on Trade seeks to liberalise trade among Southern African Development Community (SADC) members through the elimination of tariff and non-tariff barriers with the aim of establishing a Free Trade Area (FTA) in the region. The paper revisits the Regional Indicative Strategic Development Plan (RISDP) timelines as far as trade liberalisation is concerned. It shows that while the FTA was launched as per the 2008 deadline, a number of obstacles still remain. These include the failure by some members to achieve the liberalisation threshold, inadequate customs infrastructure, the surge in non-tariff barriers, and the multiple memberships of the SADC countries in other regional trade blocs, which may undermine SADC’s objectives. This paper suggests that the solutions to these problems include consolidating the gains achieved from the FTA; getting members whose commitments are outstanding to take steps to align their customs laws to the agreed benchmarks; having members refrain from imposing non-tariff barriers; increasing customs cooperation; and setting realistic time frames.

Perspectives towards the development of the social protection dimension of the SADC regional integration agenda

by | Oct 14, 2019 | SADC, SADC 2012I2

Perspectives towards the development of the social protection dimension of the SADC regional integration agenda

Authors Letlhokwa George Mpedi, Mathias Nyenti

ISSN: 2026-8556
Affiliations: Professor and Director: Centre for International and Comparative Labour and Social Security Law (CICLASS), Faculty of Law, University of Johannesburg; Research Coordinator: Centre for International and Comparative Labour and Social Security Law (CICLASS), Faculty of Law, University of Johannesburg
Source: SADC Law Journal, The, 2012, Issue 2, p. 164 – 186

Abstract

The social protection of Southern African Development Community (SADC) residents is one of the central objectives of the SADC integration agenda. Evidence of this can also be seen in the various instruments adopted and/or concluded by SADC member states which are geared towards the promotion of adequate social protection in the region. These instruments include the SADC Treaty, the Charter of Fundamental Social Rights, the Draft Protocol on Facilitation of Movement of Persons, the Code on Social Security, the Code on HIV/AIDS and Employment, the Declaration on Gender and Development, the Declaration on HIV and AIDS, and various other instruments dealing with issues such as occupational health and safety. This paper explores the extent to which the social protection dimension of the regional integration agenda has been realised. It evaluates the extent to which the development of social protection in the region has been given prominence in the evolving regional integration initiatives. This is achieved by examining the regional social protection and related instruments, their impact on ensuring the establishment of a SADC-wide social protection regime, and steps adopted to realise SADC’s social protection goals.