Putting trust on the line: Implementing telecommunication reform in South Africa and the role of international trade. The first five years.

摘要

The liberalization of domestic telecommunications markets has become a worldwide trend. Central to this is the requirement for effective regulation. The General Agreement on Trade in Services (GATS) has been heralded as the mechanism with which to effect telecommunication liberalization domestically and establish the principles required for effective regulation, but has simultaneously been criticized for lack of specificity and inadequate enforcement power.; This thesis explores the strength of these claims by examining the first phase of South Africa's telecommunications liberalization programme through the lens of international trade. This examination is intended to serve three objectives: first, to document this process and assess SA's compliance with its GATS commitments undertaken from 1995 onwards; second, to understand why SA signed the GATS telecommunication treaty at all, given that its domestic reform agenda was set prior to its GATS accession; and, thirdly, to advance the claim that at the interface between domestic sectoral goals and international trade aspirations lies a useful mechanism, which if astutely applied, can facilitate the achievement of broader domestic policy whilst honouring commitments to the multilateral trading order.; This thesis concludes that subject to certain events occurring by, or close to the implementation deadline, SA is largely in compliance with its GATS telecommunication commitments. More insidious concerns however, exist for the country's prospects of introducing domestic competition in fixed line services. The ramifications for consumer welfare and the goal of universal service, which has been yoked to the government's post-apartheid "development priority" are significant.; It is contended that the value of GATS accession lies in the legitimizing role that international commitments play in facilitating credibility and reducing the risks for foreign and domestic investors, of discretionary or opportunistic ex post behaviour or policy alteration. Moreover, to truly evaluate the usefulness of the GATS telecommunication instruments, a fuller appreciation of regulation in the South African context needs to occur, and finally, that all gains to be realized from utilizing the tension between domestic policy goals and international trade ideals, are entirely dependent on the relative capacities of states to meaningfully participate in the global governance structures for international telecommunications.