Masters Degrees (Mercantile Law)
Permanent URI for this collection
Browse
Browsing Masters Degrees (Mercantile Law) by Advisor "Snyman-van Deventer, E."
Now showing 1 - 3 of 3
Results Per Page
Sort Options
Item Open Access Dumping and antidumping regulations with specific reference to the legal framework in South Africa and China(University of the Free State, 2006-05) Tao, Meng; Snyman-van Deventer, E.From 1904 the world’s first antidumping law was enacted by Canada, South Africa followed in 1914, the GATT in 1947, and China in 1994. Over time, antidumping law has become a potent weapon in most countries of the world. South Africa and China, as member states of the WTO, increasingly participate in international trade and must remain aware of their legal right in respect of antidumping law. The purpose of this study is to identify and analyse some problematic issues of antidumping regulations, with specific reference to the legal framework in South Africa and China. With this purpose in mind, firstly, the background information and a brief history of the development of antidumping legislations by the international community, South Africa and China are discussed. Then, the issues of antidumping substantive law (including normal value, export price, dumping margin, injury, and domestic industry), especially with the problem of a nonmarket economy country and captive production, price undertaking, price undertaking reviews, and anticircumvention are analysed. In order to come to a clear understanding of the problems and solutions, the antidumping laws of the U.S., the E.U., South Africa and China are compared. This study resulted in the following conclusions: • The provision for a nonmarket economy country in the South African Antidumping Regulation is not adequate. China has no stipulation about this problem. • Both South African and Chinese antidumping regulations have no captive production provisions. The E.U. model is recommended. • With respect to price undertaking, the South African Anti- dumping Regulation followed the stipulations of the WTO. The Chinese Antidumping Statute is only superficially compliant with the WTO Antidumping Agreement. • The South African Antidumping Regulation leaves a gap with regard to price undertaking reviews. China has definite provisions on it. • With respect to anticircumvention, both countries’ antidump- ing regulations are not adequate, especially for China. Recommendations are made with regard to South African and China’s antidumping laws. This research is hoped to contribute to the improvement of the legal framework of antidumping regulations in South Africa and China.Item Open Access The relevance of business ethics in defining the role of internal company stakeholders(University of the Free State, 2014-06) van Wyk, Riche; Snyman-van Deventer, E.English: Over the past 22 years, corporate governance internationally has revealed the following core ethical principles, namely transparency, fairness, accountability and responsibility. King lll, the latest code in South Africa, emphasises the importance of these factors and ethical leadership within a company. The root of ethical behaviour within the company lies in the notion that the company must please society instead of just being a moneymaking machine. Companies should focus more on the triple bottom line approach, namely profit, social and environmental issues. The ethicality of behaviour lies in the balance struck by a person or an organisation between these three bottom lines. A good balance of these bottom lines will result in behaviour being deemed as ethical. The company should draft a code of conduct to aid employees, as the internal stakeholders, in the promotion and maintenance of ethical behaviour. This code of conduct is the “ethical constitution” of a company. Directors have the main obligation to maintain ethical behaviour. King lll refers to directors as being the “ethical leaders” of a company. They must act ethically in all their relations with stakeholders, put the company and stakeholder needs before their own and establish the company as a socially responsible corporate citizen. Companies must comply with the notions of Corporate Social Responsibility and Corporate Social Investment in order to maintain its reputability in society. It must benefit the community as a whole and be a philanthropic being, by granting sponsorships, making donations and investing in society. The importance of ethics in the business world is two-fold: firstly, it has a positive motivation to earn the respect of the society within which the company operates and, secondly, it has a negative motivation in that ethical behaviour will combat fraud and other economic crimes with which our country is associated. It is recommended in this study that all employees should be informed of the role they play in ethics maintenance and management. It is also recommended that a separate ethics committee be established apart from the social and ethics committee to assist the company in more complex ethical issues, such as drafting codes of conduct and steering employees in the right direction.Item Open Access Special and differential treatment under the WTO with specific reference to the application of the Agreement on Agriculture(University of the Free State, 2005-06) Monyakane, ’Mampolokeng ’Mathuso Mary-Elizabeth; Snyman-van Deventer, E.When engaged in multilateral trade discourse developing countries have to take heed of involved principles and the general impact of the enforcement of such principles to their economic trade background. The principle of special and differential treatment is one of the principles that directly affect this category of states. It is therefore essential to know its proper interpretation and the ensued implementation. There is also the need for both the developed and developing countries alike to take special and differential treatment seriously in order to achieve indiscriminately the best system suitable for fair-trade practices.