OpenUCT :: Browsing by Author "Ismail, Faizel"

Browsing by Author "Ismail, Faizel"

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Open Access
An analysis of the role of AfCFTA investment facilitation protocol and strategies in the promotion of sustainable development in SADC Developing Countries: a comparative study
(2023) Kandjii, Nongee; Ismail, Faizel
The Southern African Development Community (SADC), like other African Regional Economic Communities (RECs), was created in an effort to build beyond the economic, social, political and environmental fragmentation and damage brought about by colonial powers and the remnants of their control during the earliest post-colonial eras. With these integration efforts came the new-found need to address common regional problems such as abject poverty, unemployment, diseases and epidemics, as well as seemingly perpetual depletion of natural resources, amongst others, through adequate and globally-recognised developmental mechanisms such as sustainable development. This practise of observing development through the lens of sustainability became popular in the 1970s and 1980s, when researchers and economists noted the nexus between environmental well-being and the rate of economic progress. This was first recognised during the Stockholm Conference on Human Environment in 1972 and was later demonstrated in the Brundtland Report's findings in 1987. This dissertation reflects on the new African Continental Free Trade Agreement (AfCFTA) establishing the African Continental Free Trade Area, and its potential to promote sustainable development in the SADC through its Investment Protocol, and particularly through investment facilitation processes and strategies, in order to ultimately present a positive impact for socioeconomic and environmental development within the region. In its earliest chapters, the research unpacks the layered meanings of investment and sustainable development, as highlighted by the Salini case and scholarship of Melber and Southall, respectively, to create the context within which the discussion of SADC sustainability can occur through the AfCFTA. Furthermore, this nexus between investment and sustainable development is explored within the narrower lens of the AFCFTA and its specific Protocol on Investment and its position on sustainable development. The latter reveals that sustainable development lacks sufficient emphasis within the AfCFTA and this exposes both the crux of the problem statement of this minor dissertation, as well as the flaw of several modern Investment tools and protocols within the African investment framework. Lastly, this dissertation's brief view of the history of the SADC's perceptions and instruments for sustainable development in the region allows for a greater understanding of the foundations upon which the current AfCFTA is to advance sustainable development in the region. Moreover, this also presents the opportunity for a comparative exercise against international RECs such as the European Union and the recent economic structure formed by the United States-Mexico-Canada Agreement. These two are intentionally compared to the AfCFTA because of their direct references to the nexus between investment, the environment and sustainable development. Through this comparative analysis, the research displays not only the various strengths and shortcomings of the AfCFTA, but more importantly, the ways in which International Investment Agreements (IIAs) and instruments can be practically structured in order to promote sustainable development within a REC.
Open Access
An analysis on creating balance between economic transformation and investment in Namibia's mining industry
(2018) Nangolo, Eino Kandali; Ismail, Faizel
The study is based on inclusive economic transformation and foreign direct investment (FDI) in Namibia's mining industry. The author seeks to find out how the two competing interests can be balanced, so that readers understand the relevance of both to economic growth and poverty alleviation among the society. In doing so, the study uses the distributive justice theory to justify inclusive economic transformation whereas on the other hand, uses the rational choice theory and investment laws to demonstrate the impact of FDI on the Namibian mining industry. Advise and ratings from the World Bank and international rating agencies have been considered in this regard. In addition, the study includes a brief comparative analysis on how economic transformation affects the economy South Africa and Zimbabwe. The comparison is necessary in order to determine whether Namibia will yield different outcomes or it will fall into the same category like its neighbouring countries. Thereafter, the study concludes with a discussion on the recommendations for future.
Open Access
Are South African Businesses Adapting To The Demands Of The Carbon Tax Policy ? A Case Of Distell
(2023) Trimble, Dale; Ismail, Faizel
Climate change is our planet's biggest threat, making it one of the most important subjects. Climate change adversely affects the temperature, weather, and the environment we live in, which causes rising sea levels, prolonged droughts, supercharged storms, wildfires, and flooding. Governments have addressed strategies to create more climate-resilient economies. One approach being adopted by countries is using pricing mechanisms such as Emissions Trading Systems, which was predominately used in Europe, and the Carbon Tax policy, which is being used in South Africa and is the focus of this paper. The carbon tax system is designed to put a value on GHG emissions when businesses produce goods and services. This research focuses on whether South African companies are adapting to the demands of the carbon tax policy. This study initially sought to discover whether the carbon tax policy promotes behavioural change by reducing GHG emissions within businesses. The rationale for this paper is that South Africa must decrease GHG emissions per its agreements with the UNFCCC and the Paris Agreement. South Africa is currently the 14th highest carbon emitter globally, and the reason for its high carbon emissions is that its primary power provider, ESKOM, relies on fossil fuels for electricity generation. Despite the carbon tax system being a pricing mechanism to reduce GHG emissions, there have been criticisms about the policy as it is seen as progressive. However, the tax raises production costs and could negatively impact firms' competitiveness. The research design used was a case study approach performed on South Africa's largest wine producer, namely Distell Group Limited, thus having an idiographic approach with semi-unstructured online interviews conducted. A convenience sampling method was used to gather participants, and the data collected were unstructured and nonnumerical, thus making it qualitative. The main finding of this research was that businesses are generally reducing GHG emissions due to the increased energy costs incurred; thus, limiting and conserving energy is important. The policy has not had much influence in this area as the effective tax rate is too low to encourage any radical change needed to achieve the environmental targets stated in the NDCs. This paper illustrates that there are very few adverse effects on the competition among firms as a consequence of the carbon tax policy. For South Africa to achieve the double dividend, the government must display more transparency in raising and applying carbon taxes. The recommendations for practice are based on the study of the literature and case study insights. The government should limit the discretion around allocating carbon tax revenues and treat them separately for financing environmental reforms, adverse effects on low-income people, and protecting trade-exposed sectors of companies like Distell. Implementing tax incentives for programs that focus on mitigation and adaptation, as well as sustainable business practices and investments in green technology, will assist in transitioning into a green economy.
Open Access
Asymmetrical power relations: a legal analysis of the European Union and Economic Community of West African States Economic Partnership Agreement
(2022) Agbo-Ejeh, Christiana I; Ismail, Faizel; Ordor, Ada
Preparatory to the Economic Partnership Agreements (EPAs) negotiation, the former European Union Trade Commissioner, Peter Mandelson, declares that African countries have the right to benefit from their own comparative advantage. He further stated that the EPAs would, inevitably, herald the end of the colonial ideological construct of the previous trading system and usher in mutually beneficial economic development. However, as negotiated between the EU and ECOWAS, the EPA reflects a ‘systemic' asymmetry originating in colonialism to a certain extent. This thesis argued that just as the GATT advanced a structure of trade liberalisation and trade laws that perpetuate asymmetry in favour of the developed countries, the EU-African Caribbean and Pacific (ACP) countries EPAs, which promote free trade, are likely to continue the asymmetry between the EU-ACP countries and the EU-ECOWAS in particular. In order to gather in-depth insights into the EU-ECOWAS Economic Partnership Agreement, empirical evidence was used to triangulate between primary and secondary sources, mainly in chapters five to seven of this thesis for analysis. This method involved interviews in ECOWA with Commission, Ministries in Ghana, Nigeria and archival documents obtained from organisations. The approach offers an effective means to gain insights into the real issues canvassed by the opponents of the EPA and the current impasse in the trade relationship between the two regions. Ghana and Nigeria are employed as case studies for the EU's trade relations with West Africa. The study finds that the special and differential treatment provisions in the EU-Ghana EPA text are insufficient to support the economic development of Ghana. Although power asymmetry permeates relations between Nigeria and the EU, it does not necessarily determine that the outcome of these interactions will always favour the EU. It also finds that Nigeria is not as dependent as Ghana on the EU for its trade and investment relations because the former exports oil to the EU tax free. Moreover, Nigeria's trade and economic strategies are to strengthen its bilateral trade and investment relationship with the United Kingdom post-Brexit. The thesis concludes that notwithstanding that the proponents of the EPAs stated that the objective of the EPAs would be to promote free trade and economic development of the ACP countries; the conduct of the EU in the negotiations, the textual interpretation of GATT Article XXIV and the text of the agreements indicate that the EU-ECOWAS EPA is likely to reinforce asymmetry in the trade relationship between it and countries that signed the agreements.
Open Access
Brexit: The lead up to, and the repercussions of, Britain's proposed exit from the EU
(2019) Grunder, John Jay; Ismail, Faizel
Brexit is one of the most important events of the last decade, but it is still relatively poorly understood. This paper will look at the impact of Brexit, as well as analyse the development of British trade policy, in order to set out potential options for Brexit and a post-Brexit British trade policy. In order to understand Brexit in its full context, it is necessary to understand how British policy has fluctuated over the centuries, as well as look at the potential options for a Brexit deal and what these will mean for Britain going forward. As a relatively recent event, academic work on Brexit is relatively sparse, and previous work often fails to analyse it beyond its immediate impacts. By looking at a history of British trade policy; this paper aims to anaylse Brexit in the context of Britain’s frequent shifts in strategic priorities. Focusing on a review of the existing literature on British trade policy, and that on Brexit, this paper will look at the development of British trade policy, as well as Britain’s relationship with its primary partners (the United States, the EU, and its Empire), and set out both this history and the potential options for future British relationships and policy. While the exact outcome of Brexit is not yet known, this paper will set out some of the potential scenarios. Once Britain leaves the EU, it will have the chance to create its own trade policy independently for the first time in several decades. Although it may face resistance, there is an opportunity for Britain to grasp the chance to create a liberalized 21st century trade policy that caters for its services based economy. Implementing such a strategy could go a long way towards minimizing the inevitable negative consequences of Brexit.
Open Access
China's development finance for cross-border infrastructure: an East African perspective on its role in advancing developmental regionalism and regional integration.
(2025) Seyuba, Samukumba Mbanje; Ismail, Faizel
This study explores whether China's development finance has contributed to regional integration in East Africa. The main research question is: has China's development finance of infrastructure projects contributed to developmental regionalism? This was supported by the sub question: has China's development finance of the Addis-Djibouti railway contributed to regional/development integration in East Africa? The study used a qualitative method and a single case study design. The Addis-Djibouti Railway (ADR) was facilitated by Chinese concessional loans to construct a cross-border railway project. The project addresses Ethiopia's landlocked status and enhances trade connectivity with Djibouti. A thematic analysis of the findings derived from six participants resulted in three themes: a) the African and Chinese approach to development finance; b) the contribution to regional integration in East Africa, and c) the contribution to developmental regionalism. The findings derived from these themes illustrate that the Addis-Djibouti Railway supports economic ties between these two nations. However, its broader impact on regional integration is limited by political instability, fragmented financing, and governance challenges. The study highlights that while China's infrastructure investments align with regional goals like the East African Railway Master Plan, they face significant barriers such as co-financing complexities and inadequate local capacity. Ultimately, the research reveals that while the railway enhances transportation and economic connectivity, the effective implementation of developmental regionalism requires the integration of both hard infrastructure—such as physical transportation networks—and soft infrastructure, including the institutional frameworks, governance mechanisms, and social systems necessary to support and sustain these physical assets. The study finds that the theoretical framework of developmental regionalism and its four pillars would allow for strategic planning and alignment with long-term regional goals which would maximize developmental benefits and foster deeper integration in East Africa.
Open Access
Competing hegemonic powers in the negotiating history of the GATT: an analysis of how the United States and United Kingdom's competing visions of the proposed multilateral trading regime influenced the final codification of the GATT
(2020) Rachwal, Natasha; Ismail, Faizel
The General Agreement on Tariffs and Trade 1947 (hereafter referred to as the GATT) emerged in the aftermath of World War II and, despite the initial intention that it would serve as a mere interim arrangement while the administrative framework of the International Trade Organisation was finalised, the GATT would proceed to guide the course of multilateral trade throughout the twentieth century. What is often overlooked in mainstream analyses of the key principles underpinning the liberal international economic order is the significance of the negotiating history of the GATT which was dominated by two main participants, the United States and the United Kingdom. These parties experienced very different growth trajectories following World War II and so sought to advance different national interests within the negotiating forum. Briefly, while the United States was benefitting from an unprecedented increase in its economic and political power and wanted to see greater market access for its domestic industries, the United Kingdom was undergoing a difficult period of recovery and wanted to consolidate its system of imperial preferences. Nevertheless, because neither could unilaterally dominate the international policy space and because both recognised the value in promoting free trade for international political stability, they would ultimately reach a negotiated compromise resulting in the final codification of the GATT. In adopting a historical and textual methodology, this dissertation will argue that, in order to gain a more nuanced understanding of the principles underlying the GATT, one ought to examine the complexities of the negotiations leading up to its final codification, including the domestic interests advanced by the negotiating parties as well as contemporary hegemonic power dynamics.
Open Access
Digital trade and development: A way forward for Africa at a continental and multilateral level
(2019) Harvey, Caitlin Megan; Ismail, Faizel
This paper argues that digital trade can benefit developing countries and result in substantial financial gains. The regulation thereof has been at the forefront of negotiations at the multilateral level and within regions of Africa. While developing economies do not typically reap the benefits of digital progression, this paper proposes that digital trade can be developed in such a way so as to prioritise the developmental considerations of Africa specifically. Through observing the progress of the WTO platform for digital trade, namely the Work Programme on Electronic Commerce, it is seen that the multilateral regulation of digital trade is a complex task. Developing country participation at this level is essential to the sustainable development of digital trade. Within Africa, there have been notable advancements in the regulation of digital trade, evidenced by the establishment of COMESA’s Digital FTA. The considerations for the advancement of digital trade for a developing continent are numerous as not only do the traditional barriers to trade still remain a primary concern but there is also the potential threat of furthering the existing digital divide that persists between the developing and the developed world. Therefore, the paper proposes that should Africa consider developing digital trade through AfCFTA (the African Continental Free Trade Agreement) digital trade in services should be prioritised ahead of digital trade in goods. This would help overcome Africa’s trade facilitation and development challenges and advance Africa’s position in the multilateral trading system.
Open Access
The African Continental Free Trade Area and Developmental Regionalism: Leveraging Transport Corridors to actualise the AfCFTA
(2024) Maneli, Sibusiso; Ismail, Faizel
The AfCFTA is a significant opportunity for African countries to promote intra-Africa trade and long-term economic growth. However, a gargantuan obstacle to realising these ambitions is Africa's infrastructure deficit. Energy and transport infrastructure is essential for trade facilitation. Without the development of adequate, reliable and efficient infrastructure alongside soft infrastructure advances, the AfCFTA risks becoming a paper tiger. As such, the AfCFTA must be a developmental trade agreement – promoting the congruent development of soft, importantly, hard infrastructure to fulfil its promise of broadening and deepening economic integration. This thesis advocates that the AfCFTA should adopt a developmental approach to integration. In doing so, it highlights that the AfCFTA must operate within a developmental regionalism framework to coalesce member countries to cooperate on crossborder infrastructure development to improve trade facilitation. To this end, using the Maputo Development Corridor as a case study, this thesis highlights the importance of developmental economic corridors in improving cooperation on cross-border infrastructure development, and trade facilitation for the success of the AfCFTA.
Open Access
The World Trade Organization (WTO) Appellate Body crisis: A critical analysis
(2021) Dhlamini, Phumelele Tracy; Ismail, Faizel
The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body was forced to suspend its activities after the second terms of two of the remaining three members expired. While the WTO dispute settlement system continues to function at the panel stage, the Appellate Body is currently unable to review appeals because it lacks the minimum number of three members required to establish a division. In addition, the collapse of the Appellate Body means that any party to a dispute can block the adoption of a panel report by filing a notice to appeal which is likely to remain in limbo for an indefinite period. Numerous studies have discussed the Appellate Body crisis and its implications for the WTO dispute settlement system. Few, however, have critically analysed the validity of the concerns that the US has raised about the Appellate Body's work over the past few years. Therefore, the purpose of this research is to discuss and critically analyse these concerns to determine whether the Appellate Body has indeed strayed from its limited mandate. In addition, the research will provide recommendations on how to save the appellate stage and ensure that appeals are resolved while WTO members attempt to find permanent solutions to this unprecedented crisis.
Open Access
Trade facilitation in the Southern African development community: the potential contribution of the world trade organization's trade facilitation agreement
(2021) Tsietsi, Tsotang; Ismail, Faizel; Ordor, Ada
This PhD thesis studies the facilitation of trade in the Southern African Development Community (SADC). It considers the fact that there have been several regional and international agreements that the SADC countries have entered into with the objective of alleviating trade facilitation obstacles in their region. In addition to these agreements, the states have devised national strategies to implement their regional and international commitments. However, despite all of these efforts, the effects on the easing of obstacles to trade facilitation have been minimal and the positive impact on the development of these countries predicted by mainstream trade theory is not evident. This is the first conundrum or question that this study explores. Second, while there have been several studies on the general challenges related to treaty compliance and implementation in the Southern African Development Community, few have attempted to explain why there has been poor compliance in these countries. This study uses the insights from several theoretical frameworks to illuminate this question. Third, the study reviews the World Trade Organization's Trade Facilitation Agreement and explores whether it's unique advantages may enable it to be more effective in resolving the trade facilitation challenges of the SADC member states. The study consists of a desk review of relevant academic literature, as well as an empirical study of the state of trade facilitation in the SADC region in general, and in the Kingdom of Lesotho, in particular. This entails the use of case studies and interviews with trade policy makers, trade negotiators, border officials as well as traders. The study concludes that the previous agreements suffered from inabilities to secure the compliance of state parties. In addition, the states themselves faced a plethora of domestic implementation challenges. The study observes that the WTO Trade Facilitation Agreement has unique features that address the compliance and implementation issues in innovative ways. It is argued that its distinctions make it likelier to be a more successful tool for the countries in the Southern African Development Communities to use to improve trade facilitation in their region. This research is a contribution to the academic literature on trade, law and development and seeks to provide policy insights to developing country practitioners engaged in the negotiation and implementation of trade facilitation agreements.
Open Access
What are the implications of South Africa's Protection of Investment Act on the SADC regions' aims to harmonise investment policy within the region, and how can possible inconsistencies and challenges be overcome?
Khiba, Motselisi; Ismail, Faizel
Pre-Democratic South Africa was largely an isolated State. With the exceptions of the automotive and textile sectors, the country did not attract significant foreign investment due to the economic sanctions imposed by the international community in response to the crimes of apartheid. Between 1993 and 1995, the newly elected democratic government of South Africa concluded its first bilateral investment agreements with European countries. These bilateral investment agreements were made the standard for future treaties. The newly elected government realised the importance of foreign direct investment for achieving its economic growth and development objectives. Moreover, the conclusion of several bilateral investment treaties was used to strengthen relations with other countries and a tool to promote investment. However, by the late 1990s the South-African government found that these treaties were no longer appropriate. They often conflicted with the States socio-economic development policies and presented unequal protections for foreign investors and the States national policies. The Piero Foresti case, in which Italian investors brought an international arbitration claim against the South African government, galvanized the investment policy review process. The policy recommendation stemming from the review process included; that the South African cabinet refrain from entering into new bilateral investment treaties (BITs) - unless there were compelling political or economic reasons to do so, terminate existing BITs and replace them with domestic legislation. This dissertation considers the impact of the change in South Africa's investment policy on the Southern African Development Community (SADC) regions' efforts to harmonise investment policy across member states. It is an empirical study which considers South Africa's policy shift within the international investment law global context. Given South Africa's powerful andsomewhat hegemonic position on the African continent and within the region, whatever changes take place internally, are bound to spill-over into the region and potentially across the continent. The regional impact is analysed and described in detail. The research encompasses broader regional integration challenges, relations among member states and implications for dispute resolution. The study concludes that South Africa's policy shift is in line with global developments. It is an attempt to find a balance between investor protection and the States' ability to regulate. However, the policy shift has created a measure uncertainty regarding the settlement investment disputes within South Africa and across the SADC region. Furthermore, the broader obstacles which inhibit regional integration across SADC need to be addressed in order to facilitate investment policy harmonisation.

Browsing by Author "Ismail, Faizel"

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