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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The EC-SA Free Trade Area: an area looking for adjacency and legal conformity
Author:Booysen, HerculesISNI
Periodical:South African Yearbook of International Law
Geographic term:South Africa
Subjects:free trade areas
European Union
trade agreements
Abstract:This paper examines the Agreement on Trade, Development and Cooperation between the European Community, its member States and South Africa (EC-SAFTA), which came into effect on 1 January 2000. In terms of this agreement, a free trade area will come into being between the EC and South Africa. An essential element of the free trade agreement is the respect for democratic principles and fundamental human rights as laid down in the Universal Declaration of Human Rights as well as for the principles of the rule of law and good governance. But, unlike the principles of democracy, human rights and the rule of law, the principles of good governance are not an essential element of the agreement. In order to determine whether or not the agreement allows discrimination on account of past grievances as an exception to the general rule of nondiscrimination, the paper looks at the relevant articles in this regard, with respect to women and previously disadvantaged communities. It also pays attention to the provision that participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the member States of the European Union, South Africa and the ACP States. The author concludes that the EC-SAFTA creates a free trade area between parties of very diverse economic development and political philosophies. Whether a free trade agreement can function well in such circumstances, only time will tell. Notes, ref.