HI5015 - Case Study For Trade in Goods - Legal Aspects of International Trade and Enterprise - WTA,GATT & GATS - Law Assignment Help

Assignment Task-

Instructions:

1. This paper consists of TWO (2) parts (A and B).
2. Parts A carries 30 marks and Part B
4. These are the items you are permitted to take into the examination hall:

•  Prescribed textbook – any edition
• Lecture notes - e.g. ppt slides
•  Any other notes – whether typed or handwritten
•  Under no circumstances will photocopy textbooks be permitted in any of our exams.

5. A non-electronic dictionary is allowed.

Abbreviations:

WTO – World Trade Organisation
GATT – General Agreement on Tariffs and Trade
GATS – General Agreement on Trade in Services
CISG – United Nations Contracts for the International Sale of Goods

PART A – Essay Questions

1. Discuss the fictitious payee rule and the imposter rule and how they are the two major exceptions to the general common law rule that a forged endorsement is ineffective.

2. Discuss the similarities and differences between GATT and the GATS, with reference to National Treatment Principles and Most Favoured Nation Principles.

3. Critically analyse the role of the WTO in today’s global trading system. Do you believe the WTO has gone past its “use by’ date and is no longer an effective organisation in regulating global trade especially after the Doha Round of Negotiations? Explain your answer in light of the recent free trade agreements signed by Australia with countries such as Japan, Korea and China.

PART B – CASE STUDY - Trade in Goods (20 points)
 

Several automobile manufacturers from Country A are exporting large numbers of cars to Country B, taking over a large share of Country B’s automobile market and putting Country B’s own automobile manufacturers and workers out of business. Country A’s manufacturers are not government subsidised, nor are they dumping their cars at below cost. Assume that both countries are members of the WTO.

1. Discuss any remedies for Country B under the GATT 
2. Would your answer be different if Country A’s automobile industry is subsidised by its government? Explain your answer using GATT principles 
3. Would your answer be different if Country B imposes quantitative restrictions on Country A’s car exports to Country B? Explain your answer using GATT principles .

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