It then proceeds to find answers to the following questions: what are the principles on which developing-country policymakers should base their formulation of industrialization and technological upgrading strategies; which principles would they need to heed in formulating the set of policy instruments appropriate to the specific conditions of their economies.
And what degree of freedom remains for policy implementation, given the increased importance of international rules and commitments stemming from international trade agreements?
The ongoing controversy regarding Chinese textile and clothing exports to the Southern African Customs Union and the proposed quota restriction by South Africa raise a number of economic, legal and regional political economy questions, some of which are likely to be considered and arguably less ideally answered by the South African judiciary.
In the course of preparing for further engagement with one another, the various stakeholders in this controversy would be well advised to raise their sights above narrow, entrenched and technical positions, and also consider broader development needs, not only of South Africa but also the region.
Although the UNCTAD report (and indeed two new tralac Working Papers) could enrich this discussion, eventually hard choices will need to be made.
This leads to the following question: Should private disputes of this kind be decided through ordinary judicial processes, or is there a need for specialist adjudication relative to trade policy?
Trade Law Centre for Southern Africa
marketing@alchempro.com
