A number of conclusions have already been reached in the course of the article. To sum it all up, this article has contended that the Multilateral Agreement on Investment (MAl) which was proposed by the Organisation for Economic and Community Development (OECD) in 1995 and abandoned three years later was unnecessary anyway. It has been a theme of this article that the environment for global investments is changing. Some new dynamics are taking place in a context of a new global competitiveness paradigm. This is leading to a rise in international production and growth in investments.
In this contribution the current legal developments in Botswana, Lesotho, Namibia and South Africa with regards to principal legislation, government notices and judicial decisions are briefly descriptionbed.
Independence of the judiciary is a central principle under separation of powers and a vital bulwark in the achievement of constitutionalism. However, independence of the judiciary does not mean that the judiciary is only accountable to itself. The judiciary should take it upon itself to account for its performance. The introduction of performance standards is an attempt to provide guiding principles to assess and improve the performance of courts, particularly trial courts, so that they are responsive, effective and accountable for their performance. An important aspect of accountability is management of the pace of litigation to prevent undue delay. The judiciary has the power to create and implement time standards, and monitor its performance against these standards, thus providing better access to justice.
EU law is vitally important to the computer and information technology industries as it regulates the ways in which these industries may operate within the EU. It is submitted that the application of the European Union (EU) directive to software should not be determined by the technical and commercial peculiarities of software, as technology changes too fast to make it practical to have legal liability depend on such technicalities. Furthermore, it makes no difference to the victims whether software was acquired in the form of a standard package or custom made software, or whether it is tangible or not, they are only aware of the damage it caused.
The South African anti-dumping regime has a long way to go when compared to jurisdiction like the United States. Furthermore, consolidation of South Africa's anti-dumping laws into a comprehensive statute preferably incorporating the terminology used in the GATT Antidumping Code, would silence cries that South Africa's anti-dumping regime is excessively protective. However, it would be jurisprudentially unsound to judge a country's compliance with its international obligations solely in terms of its verbatim adoption of the substantive and procedural provisions of an international instrument in its implementing statutes. South Africa is moving rapidly in the direction of making its anti-dumping regime GATT compatible.
Developments in medical technology have made it imperative for the law to respond to the new controversies emerging from current reproductive practices. This is particularly true in Nigeria where there has been virtually no legal reaction to this phenomenon. In the article the author highlights a few of the impediments on the road to a smooth legal regime for the new assisted reproductive technologies. A plethora of other problems yet unresolved bylaw arise from these new technologies, as mentioned in the article.