Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective

Hakweenda, Lydia

Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective

Master Thesis

2015

Publisher

University of Cape Town

Department

GSB: Faculty

Faculty

Faculty of Commerce

Abstract

This dissertation discusses research undertaken on the topic of whether private parties have locus standi to invoke international trade agreements through Namibian courts. The study investigates how effective domestic courts are in adjudicating on matters pertaining to international trade law in Namibia and within other jurisdictions such as regional economic communities. There are two main objectives for this dissertation. Firstly, the capacity of Namibian courts to adjudicate on matters involving international trade law will be assessed. Secondly, the domestic courts' provision of effective redress to private parties in the event of violations of international trade agreements by Member States (in the absence of regional tribunals that grant private parties legal standing alongside Member States) will be assessed. The research has revealed that since Namibia became independent in 1990, there has been very little research undertaken on the effectiveness of the Namibian courts in adjudicating on disputes relating to international trade law. Human rights matters, on the other hand, have come before local courts. These cases will be examined but the different nature of trade issues has to be recognized. This study has further revealed that although Namibia and other States in Southern Africa grant locus standi to private parties to invoke international trade agreements before domestic courts, the adjudication by domestic courts of such issues depends on the constitutional structure of the States involved. The study identified the advantages and disadvantages in allowing domestic courts to play an active role in matters of international trade law. In dealing with the challenges associated with domestic courts adjudicating on such matters, regional and global issues have to be taken into account. This type of jurisprudence is still in its infancy.

Keywords

Management Practice

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