An evaluation of the conformance of Namibia's quality standards to the law and practice of international quality standards
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Date
2005
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Publisher
University of Namibia
Abstract
This dissertation provides an outline of the state of the art of international standardization and the attendant process of conformity assessment. Where possible reference is made to Namibian developments in order to either reinforce or contrast the issue being discussed. Given the ongoing usage by Namibia of the South African standards and conformity assessment architecture significant reference is also made to South African developments and practices. Likewise reference is also made to SADC because of the ongoing cooperation amongst the member countries, including Namibia, in the standards and conformity assessment areas as part of the regional integration process. The dissertation explores the relevant WTO Agreements which specifically deal with standards viz. the TBT and SPS Agreements and demonstrate the essential link between standards regimes and international trade. Well designed standards are essential in facilitating international trade. However, standards can also become, by design or inadvertently, barriers to trade. The WTO agreements provide a framework to avoid the latter from happening and to deal with such an eventuality. Likewise, conformity assessment while not a barrier per ser can raise the cost of international commercial transactions significantly, especially on the part of the exporter and thus can have the same impact as a tariff if not dealt with. Governments are enjoined by the WTO Agreements to pursue such policy actions such that standards and conformity assessments do not constitute unwarranted obstacles to international trade. They are also expected to assist developing countries to participate fully in the standardization and conformity assessment processes in order to avoid their marginalization in international trade. Namibia has a very good policy, legal and institutional framework governing its standardization process. However, its implementation has been very slow, thus affecting its relative standing within the regional and international standardization process. However, Namibia’s linkage to the South African standardization infrastructure has ensured that, in spite of its national infrastructure being at an early developmental stage, it is fully integrated in the international standards architecture. The development within SADC, of which it is a member, will further strengthen that linkage and integration in the global standards architecture. This dissertation is an exploration of the state of standardization in the international, regional and national arena. These are the subject matter of chapters 2, 3 and 4. Chapter 2 deals with WTO Agreements, TBT and SPS, and the process of standard setting. Chapter 3 outlines the different levels at which standards are set and the different role players involved. Chapter 4 deals with the verification of standards through conformity assessment In order to illustrate the relative position of Namibia in the international standardization framework, reference will be made to Namibian developments within the body of those chapters. The dissertation concludes with chapter 5 which besides pulling together the discussion in the preceding chapters contain a summary of the salient features of Namibia’s relative standardization position and a conclusion on the extent of Namibia’s conformance and recommendations for action.
Description
A thesis submitted in partial fulfilment of the requirement for the LLM Degree in Economic Law
Keywords
Quality standards, Law, Namibia