The management of international trade disputes with specific reference to the legal framework of the International Trade Commission of South Africa

Abstract

The dynamic nature of global commerce necessitates robust mechanisms for resolving international trade disputes, which are integral to the economic vitality of nations such as South Africa. This study critically examines the efficacy of the International Trade Administration Commission (ITAC) in managing these disputes within South Africa's legal framework, established under the International Trade Administration Act 71 of 2002. By scrutinizing ITAC's determinations and their impact on various stakeholders, particularly Small, Medium, and Micro Enterprises (SMMEs), the research assesses the adequacy of current dispute resolution mechanisms. Additionally, the study explores the potential benefits and challenges of instituting an independent international trade tribunal in South Africa, aiming to enhance fairness and accessibility in dispute resolution processes. The research methodology is centred on a comprehensive literature review, analysing primary and secondary legal sources, policy documents, and relevant case law. This inquiry not only addresses existing gaps in the literature but also contributes to the broader discourse on international trade law and sustainable economic practices in South Africa.