In January 2009 South Africa's International Trade Administration Commission published draft amendments to the Countervailing (Anti-Subsidy) Regulations. After a brief overview of countervailing in South Africa this article considers the most important proposals and evaluates them, inter alia, against the World Trade Organisation's Agreement on Subsidies and Countervailing Measures to determine whether the amendments will improve consistency with South Africa's international obligations and increase transparency and fairness in countervailing investigations. The analysis shows that some of the proposed amendments, such as the inclusion of interested party hearings, amendments to the final investigation procedures and the determination of the export price in reviews will increase transparency in investigations. On the other hand the proposals to amend the definition of the domestic industry, to target only foreign producers and not necessarily exporters and to limit reviews to subsidy programmes included in the original investigation, will decrease the effectiveness of the instrument. By targeting only foreign producers and not exporters, the Regulations cannot be applied to any export subsidies paid directly to exporters who are not producers. Limiting the scope of review to subsidies that were countervailed in the original investigation, means that new or amended subsidies will not be countervailed. In addition, interested parties' rights to review are severely curtailed through proposed amendments to interim and judicial reviews, thus making the process less transparent. Viewed holistically, the amendments will detract from the current Countervailing Regulations.
States need to agree on post-2012 greenhouse gas emission targets at the upcoming UNFCCC Conference of the Parties in Copenhagen. It is estimated that more than two thirds of cuts in greenhouse gas emissions, which are needed by 2030, will have to come from developing countries. Developing states are, however, not responsible for climate change. Thus, tension exists between equity (the right of developing states to pursue development in the same manner as developed states did) and realism (the urgent need for all states to take action). Future emission reductions should be based on inter alia equity and the principle of common but differentiated responsibilities (CBDR). It was, however, in particular the application of the CBDR principle that previously obstructed global consensus on international action. It is therefore the main aim of this article to investigate how equity and CBDR may guide negotiations pursuant to a global consensus on measures to address climate change. In this regard the author takes cognisance of the optimisation thesis of Robert Alexy and international relations theory in order to generate proposals.
The growing interdependence between states with regard to diverse issues such as trade, security, human rights and the environment has compelled the creation of international and regional organisations, often with supranational characteristics, as instruments to regulate newly emerging international issues. International and regional organisations are increasingly viewed as new lawmaking actors, which are to some extent autonomous from the states that establish them. This article, with specific reference to the European Union and African Union, investigates the relationship between regional organisations and their members with regard to the authority to make and apply legislation.
Dealing effectively with corporations that cause deaths unlawfully is one of the challenges facing South Africa. Although corporate criminal liability forms part of our law, the current legal position does not cater adequately or specifically for corporate killers. In this article I shall discuss the regulation of corporate criminal liability through a comparative study of South African and the United Kingdom law. South African criminal law has been greatly influenced by English law, and English law has well-developed rules to regulate corporate homicide. Moreover, recent developments in corporate criminal liability in the United Kingdom may assist South Africa to reform its laws in such a way that corporate homicide is not only effectively dealt with, but that corporations are discouraged from acting in a manner that results in the loss of life. This discussion will include the basis of liability, the mens rea of a corporation, the adequacy of criminal sanctions imposed on those who perpetrate corporate homicide, and problems encountered when implementing corporate criminal liability. I shall conclude with a discussion of specific developments in English law from which South Africa may learn.
This article examines the relevance of using human rights indicators to monitor a state's obligations as regards the right to health including sexual and reproductive rights in Africa. Using some examples of sexual and reproductive rights issues, the paper explores the importance of measuring human rights and the tools that can be used for this purpose. It similarly explores the differences between human rights indicators and other forms of indicators such as those used for health and development indicators. The paper further discusses what exactly human rights indicators need to measure and the appropriate methodology that can be used for this purpose. It concludes by arguing that civil society groups and human rights institutions need to work together with African governments to ensure proper monitoring of sexual and reproductive rights at national level.