JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 3(1) - 1999



Editorial 1999 (1)


This issue of Law, Democracy and Development introduces a number of exciting changes and developments: Its status has been elevated to that of official journal of the Faculty of Law at the University of the Western Cape. Its mission has been broadened to include international, continental and regional developments.





Governing rules and principles of the WTO: Its scope and future development in the context of globalisation

 Stern, Brigitte 

Brigitte Stern opens the discussion by contextualising the issues to be addressed within the framework of the driving forces and subjacent philosophies and theories of globalisation and regionalisation. She introduces the governing rules, principles and prevailing institutional structures of the World Trade Organisation (WTO) and their implications for all...


The dispute resolution mechanism of the World Trade Organisation five years after its implementation

 Philippe, Xavier 

In his discussion of the dispute resolution mechanisms provided for by the WTO, Xavier Philippe is concerned with the development of the system over the past five years. He starts by giving an overview of its scope and its key features, notably subsidiarity and diversity, before going on to...


The TRIPS agreement and South African legislation: The case of the parallel importation of medicines

 Du Plessis, Esme 

Esme du Plessis evaluates the topic of parallel importation and the issues facing South Africa in that regard against the background of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and recent South African legislation. Parallel importation issues will become increasingly relevant to the countries of Africa...


The World Trade Organisation and Southern African trade relations

 Thomas, Rosalind 

Rosalind Thomas focuses on the impact of the WTO on regional economic integration and free trade agreements between developing countries. She discusses the anomalies and inconsistencies of the economic classification system of the GATT/WTO, taking a critical look at South Africa's position within the WTO system and its important...


Global governance and national sovereignty: The World Trade Organisation and South Africa's new constitutional framework

 Steytler, Nico 

Nico Steytler investigates the inter-relationship between the GATT/WTO system and the South African legal system. He investigates the implications of the WTO rules for the international and regional trade relations of South Africa's new governmental structures.

First, he considers the 'fit" of the undertaking of WTO obligations into South...


Globalisation, the World Trade Organisation and the implications for developing countries

 Keet, Dot 

Dot Keet takes an in-depth and critical look at globalised trade liberalisation and its influences on economic development in developing countries. She criticises the abuse of the GATT/WTO rules-based system by developed countries.

She is particularly disillusioned by the systematic marginalisation of less and least-developed countries resulting from the exploitation...




FORUM CONTRIBUTION: A summary of some recent cases of interest to the African continent

 Rugege, Sam 

Sam Rugege discusses a few recent cases dealing with issues of African continental interest. These include the right of defence force members to join trade unions and to participate in protest action (South Africa); the right of the press to freedom of expression and the duty to inform the...