International Business Law HW
1. What is the "preferred" GATT protection method for countries to use should they have to employ one?
2. I am involved in a dispute with another nation on a trade issue. I want to cite a past WTO panel decision as precedent in my current case, as it is directly on point and should provide a ruling in my favor. Will I be able to rely on it? Explain. (3)
3. The U.S. auto industry has had its problems in the past from foreign competition. If the auto industry lobbied the president and Congress for implementation of a quota on the total number of imported automobiles and trucks, would such a quota be in violation of GATT 1994? Under what circumstances may a country impose a quota?Also, what specific type of quota would this be called? (4)
4. The WTO comprises many nations from all regions of the world. As such, the GATT/WTO system takes a global view of trade liberalization based on nondiscrimination, unconditional MFN, national treatment, tariffication, and multi- lateral trade negotiations. The GATT agreements recognize that nations may form bilateral or regional free trade areas and customs unions.
Yet a free trade area only has free trade between the countries that belong to it. How does the concept of a free trade area, such as the North American Free Trade Agreement (NAFTA), fit into the GATT/WTO global framework? Do bilateral or regional free trade areas violate the principles of nondiscrimination and MFN trade? Evaluate these arguments. (4)
5. In 2001, an outbreak of hoof-and-mouth disease threatened the meat supply of Europe. This virus is spread through the air or by contact.
To control itsspread, millions of cattle, sheep, and pigs were slaughtered and burned; export and transportation of British livestock, meat, and dairy products were halted; and many areas of Great Britain were placed off limits to travelers. Certain areas of the country were quarantined, with "Keep Out" notices posted on the roads. Officials sprayed chemicals to kill the virus on the soles of shoes and automobile tires.
The virus quickly spread to continental Europe, and even the United States banned the import of meat from Europe. Explain the application of the WTO Agreement on Sanitary and Phytosanitary Measures to this issue. Does the agreement tell countries specifically what actions to take?
What action does the agreement permit nations to take to fight a disease like this? Do you think that the agreement gave sufficient latitude to countries to fight the disease? For additional information, see the Website for the World Organization for Animal Health, a Paris-based government organization comprising 178 nations.
6. What is the benefit/purpose of the carousel law discussed in the audio lecture? (3)
7.The legislative body of France decides to implement a requirement that all steel cables must be composed of at least six strands as a condition to importation for use and sale.
No other country in the world uses more than four strands in their manufacture. Is this a standard or a technical regulation? Explain. Also, in light of WTO principles, is this even legal or, alternatively, within the spirit of the agreements? Explain your answer with textual support. (5)