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

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dc.contributor.advisorErasmus, Gerharden_ZA
dc.contributor.authorHakweenda, Lydiaen_ZA
dc.date.accessioned2016-06-22T08:55:01Z
dc.date.available2016-06-22T08:55:01Z
dc.date.issued2015en_ZA
dc.description.abstractThis 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.en_ZA
dc.identifier.apacitationHakweenda, L. (2015). <i>Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective</i>. (Thesis). University of Cape Town ,Faculty of Commerce ,GSB: Faculty. Retrieved from http://hdl.handle.net/11427/20075en_ZA
dc.identifier.chicagocitationHakweenda, Lydia. <i>"Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective."</i> Thesis., University of Cape Town ,Faculty of Commerce ,GSB: Faculty, 2015. http://hdl.handle.net/11427/20075en_ZA
dc.identifier.citationHakweenda, L. 2015. Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Hakweenda, Lydia AB - 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. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective TI - Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective UR - http://hdl.handle.net/11427/20075 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20075
dc.identifier.vancouvercitationHakweenda L. Invocation of international trade agreements by private parties before domestic courts : a Namibian perspective. [Thesis]. University of Cape Town ,Faculty of Commerce ,GSB: Faculty, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20075en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentGSB: Facultyen_ZA
dc.publisher.facultyFaculty of Commerceen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherManagement Practiceen_ZA
dc.titleInvocation of international trade agreements by private parties before domestic courts : a Namibian perspectiveen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMComen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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