The regulation and impact of non-tariff barriers to trade in SADC free trade area

Abstract

This paper critically evaluate the effectiveness of the non -tariff barriers legal framework under the SADC Protocol on Trade. In the same vein it identifies and discus a list of non-tariff barriers to trade that are still prevalent in the SADC region despite the prohibition for their use under the Protocol. The list of these NTBs is made up of quantitative restrictions, customs procedures and administrative requirements, technical standards, sanitary and phytosanitary measures, government participation in trade, lack of infrastructure, restrictive rules of origin and anti-dumping measures. Their impact is also addressed using some case studies based on the experience of businesses and people trading in the region. The paper concluded that the widespread and continued existence of NTBs in the region is as a result of a weak regulatory framework aimed at addressing them. To this end the paper single out the provisions relating to the granting of derogations from complying with the Protocol, the rules of origin, antidumping provisions and rules relating to the protection of infant industries as some of the weak points in the Protocol. To assess the compatibility of the rules regulating NTBs under the Protocol with the WTO rules one of the chapter is dedicated to a discussion on the WTO legal framework for NTBs. The paper also gives the reader an opportunity to have a grasp of the progress made in the SADC Free Trade Area by providing a section which focuses on the NTBs Monitoring and Elimination Mechanism. Problems associated with the mechanism are also clearly laid down in this paper. Recommendations are made at the end of the paper as way of providing solutions to some of the issues identified as weaknesses on the NTBs legal framework.