International Trade Law Essay - 7018 Words
International Trade Law Essay
International Trade Law Essay
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It is only once we take into account our surroundings can we fully appreciate the true impact of globalisation and the effect it has on our day-to-day lives. The clothes we wear, the laptops we use, and the chairs we sit on, are just a few simple examples of items that have been made available to us as a result of the continued integration of the world’s markets. However, as global markets continue to integrate, further compounded by tough economic conditions in an intense and competitive marketplace, the need to protect domestic production is deemed to be vital to a country’s economic success. As a result of this self-preservation causes political conflict and strains international relations. To remove the possibility of such discrimination from taking place, the GATT and the WTO have been put in place to insure that the 156 members adhere to the various principles within the two agreements.
Articles I and III of the GATT outline two of the most fundamental principles regarding non-discrimination in WTO the most-favoured-nation (MFN) treatment obligation and the national treatment obligation (NTO).
* The MFN treatment obligation, which is set out in Article I of the GATT, is described in the case of EC- Tariff Preferences as the ‘cornerstone of the GATT’ and ‘one of the pillars of the WTO trading system’ Its principle purpose is to ensure that WTO members have equal opportunities to import and export goods and services with other members.
The MFN treatment obligation is applied using a three-tier test of consistency under Article I:1. The test examines whether any unfair advantage exists between ‘like products’ and whether such an advantage is granted ‘ immediately and unconditionally’ to all ‘like products’ concerned. Such advantages include measures such as customs duties and internal taxes. Article I:1 also takes into account de facto as well as de jure discrimination as seen in the case of Canada-Autos. The scope of Article I:1 is relatively broad but it does have it’s limitations. Under WTO law, there are still on-going debates as to the exact terminology of words such as ‘likeness’ and ‘unconditionally’. The current case-by-case basis approach the WTO take is probably the most effective method of counter-acting potential foul play by member nations. Article I plays a critical part of WTO law and should it crystalize its interpretation of such wording, the ramifications in terms of discriminatory action could result in political backlash. For these reasons alone, it is clear why Article I is deemed to be the cornerstone of the GATT.
However despite having a pivotal role in international trade, the significance of the MFN treatment obligation appears to be diminishing due to a recent surge in preferential trade agreements between Members. By July 2005, a total of 330 of these regional trade agreements had been notified to the WTO highlighting the fact that the principle now carries less weight when it comes to trade than it had done in previous years. The 2004 Sutherland report on the future of the WTO concluded that MFN is no longer the rule, but that it is almost becoming the “exception”.
Article III of the GATT outlines the National Treatment Obligation (NTO) principle. The purpose of NTO is to ensure that internal measures are not applied to imported products so as to afford protection to domestic production which is stated in article III:1. The scope of the NTO extends beyond preventing discriminatory measures being placed on imports as it also aims to eradicate potential ‘hidden’ domestic barriers to trade by WTO members that may appear legitimate at first instance. Akin to Article I, it also takes into account de facto discrimination.
Article III:4 ensures that imported goods and services which are ‘directly competitive or substitutable‘ to domestic products, are subject to the same quality standards as was seen in the case of Argentina- Hides and leather. This...
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Katholieke Universiteit Leuven Faculty of Law Academic year
THE LAW OF THE WORLD TRADE ORGANISATION Prof. Dr. Geert Van Calster and Prof. Dr. Jan Wouters EXAM 24 January 2008
READ THESE INSTRUCTIONS CAREFULLY BEFOREHAND ! ! ! 1. This exam lasts maximum 3 hours. 2. This is an open-book exam which consists of 3 main questions (with subquestions). You may use any written, type-written or printed materials.
3. This exam contains 14 pages + 5 pages of attachments. Please indicate, fully and clearly, your name and student number at the top of each page. 4. Please write your answer to each question in the blank space left after each question. Do not exceed this space. Do not write on the back of a page. 5. Please note that a concise and to-the-point answer is valued more highly than a long and diffuse one. 6. Do not give disproportionate attention to one question over the other: try to divide your time in a balanced manner. The maximum marks for the reply to each question are indicated in bold. 7. Give arguments for your answers and give as much as possible references to relevant provisions, case-law and/or reading materials which you have consulted. 8. Write legibly because what cannot be read will not be graded!
GOOD LUCK ! ! !
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QUESTION I - CHINA’S FILM QUOTA [7 POINTS] China has suspended imports of American films, US Commerce Secretary...
...International
? International
trade Practice is mainly
taught in class and aided with computer
mock practice.
? This aims to help learners to have a full
command of the basic knowledge of
International Trade Practice, and in turn,
the learners, on such basis, are able to
settle the real problems of international
trade practice.
Participation in Class-50%
attendance----- 20%
question-answer 5%
presentation------25%
? Finally Test-------------50%
Introduction to
International Trade Practices
I. What is International Trade?
1) Definition:
International trade, also as world trade, foreign trade
or overseas trade, is the fair and deliberate exchange
of goods and services across national boundaries. It
concerns trade operations of both import and export
and includes the purchase and sale of both visible
and invisible goods.
Visible trade : goods trade
Invisible: services/ technology trade
2)Characteristic of international trade
▲Deals might have to be transacted in foreign languages and
under foreign laws, customs (cultural shocks) and regulations....
...Course Outline International Commercial Law
COML 3005 Study Period 2 - 2013 Internal - City West Campus
Introduction
Dear Student, Welcome to International Commercial Law. This course was newly developed in 2009, when it was offered as &LAWS1005 - International Business Law&. The content of the course has since been developed further and we constantly endeavour to make improvements based on
the teaching experience and student feedback. International commerce and trade has for centuries played an essential role in the development of the world as we know it today. Since the middle of the 20th century improved telecommunication and long-distance transportation technology, as well as a continuous improvement in the social and political environment, international cooperation and the development of international commercial and trade law have led to an unprecedented expansion of international commerce and economical growth in all parts of the world. This course will provide you with a broad overview of the major legal issues impacting on trade and commercial activities across national borders. It will cover aspects within the private international Law, such as contracts of sale of goods, contracts of carriage of goods, payment and dispute...
...Lecture 4 & 5 - CISG- International Contracts of Sale of Goods Contract
The issues in this case is
-- what is the governing law?
-- Does CISG apply?
-- Is there a breach of contract by (seller) as regards to (a) Delay of delivery (b) quality if wines?
-- What are the remedies available to (buyer)?
1. Is there a choice of law clause?
( Yes – Australian is the governing law )
( No- where there is no choice of law clause
in the sale contract, courts will choose the
law of nation which has the ‘ closest and most real link to the contract-
The forum of the contract
Currency of payment
Place of performance of contract
Place where contract is concluded
Residency of parties to contract
Subject matter of contract
Contract concluded in Aus, using AUD$, Performance is in Australia therefore, governing law of this contract is Australia.
The governing law is determined following the steps laid down in John Kaldor v Mitchell Kotts .
Under Article 1(a) Vienna Convention 1980, both countries must be signatory of Vienna Convention. In fact, both (China and Australia) is signatory countries, there for VC will apply.
Moreover, under Article 1( b) Vienna Convention 1980, if the governing law of contract and the country is the signatory of VC, VC applied.
Furthermore, incoterm …
Offer and acceptance
Under Article 23 of Vienna Convention, contract is...
...country. It is a tax which is levied on imports across national boundaries or other geographical regions and exports in a few cases (Lv, 2000). Originally, applying tariffs was first based on financial purpose, so it is a regular but most significant source of fiscal revenue to governments. Generally, a country with strong economy and lying in an advantageous position tends to pursue a free trade policy. At that time, the principal function of tariffs is tax collection. By
contrast, a country with weak economy and lying in a disadvantageous position tends to pursue policy protectionism. Under such circumstances, Tariff protection may become the most important or even major function to governments. So high tariffs will barrier the imported goods and hinder the development of international trade. Moreover, with the heavy government intervention in the economy, tariff has been endowed with the function of economic regulation. Thus, tariffs have become an important macroeconomic policy. It follows that countries’ tariff level will directly affect their interests in the foreign trade. The essay argues that the government tariffs have a significant impact on imported goods in terms of changing their quantity, in addition to providing benefits to the national economy such as protecting domestic products and adjusting economic growth rate. Despite the disadvantages of tariffs on damaging customers’ interests and...
...SUBJECTS OF INTERNATIONAL LAW - STATES
I. Traditional Subjects of International Law
In addition to controlling territory, States have lawmaking and executive functions. States have full legal capacity, that is, they have the ability to be vested with rights and to incur obligations.
B. Insurgents
Insurgents are a destabilizing factor, which makes States reluctant to accept them, unless they show some of the
attributes of sovereignty (e.g. control of a defined territory). Their ex they either prevail and become a full-fledged state, or fail and disappear.
II. Modern Subjects of International Law
All new modern subjects of international law lack permanent and stable control over a territory. They have limited legal capacity (do not have a full spectrum of rights and obligations) and limited legal capacity to act (i.e. to enforce their rights).
A. International Organizations
B. National Liberation Movements
C. Individuals
III. Conditions for Statehood and the Role of Recognition
Unlike national systems, the international legal order lacks a set of detailed rules regarding the creation of states. However, such rules can be inferred from custom.
A. Conditions for Statehood
The Montevideo Convention of 1933 lays the traditional and most widely accepted criteria of statehood...
Analyze and comment about RCA of Vietnam based on data from Trade Map in 2012.
Introduce about RCA
Analyse of some VN’s industries
Evaluation of statistics
Case study of Rice: RCA of Vietnam Rice in comparision with Thailand
Introduction
Coefficient of Revealed Comparative Advantage (RCA).
o Represent comparative advantage or disadvantage of a certain country in a certain goods or services.
o It is based on the Ricardian comparative advantage concept.
EX1 : Export value of commodity X of a nation (in a year)
Total export value of a nation (in a year)
Export value of commodity X of the world (in a year)
EW: Total export value of the world (in a year)
To evaluate comparative advantage of 1 commodity of a nation:
RCA ≤ 1: the nation does not have comparative advantage in commodity X.
1& RCA & 2.5: the nation has comparative advantage in commodity X.
RCA ≥ 2.5: the nation has vey high comparative advantage in commodity X.
Analysis of some VN’ industries
HS code Description Ex1 (thousand $) Ec Ex2 Ew Ex1/Ec Ex2/Ew RCA
124,155,913 22,593,429 18,058,027,326 0.3 16.9654
901 Coffee
124,155,913 .9 15.1241
2709 Petroleum oils and oils obtained from bituminous minerals, crude
124,155,913 1,670,528,603 18,058,027,326 0.5 0.7491
6204 Women's suits, jackets,dresses skirts etc&shorts 2,028,166 124,155,913 53,226,046...
INTERNATIONAL ARBITRATION
(1) In an international commercial arbitration, parties usually involve a third party, i.e. someone who is neutral, (arbitrator) and the neutral party is entrusted with the responsibility of resolving the dispute.
The authority of the arbitrator is derived not from a court system, but from the consent of the parties as stipulated in their contract, or mutual agreement. It is imperative to note here that the court can enforce
the decision or ruling of the arbitrator. According to the American society of law, there exist two kinds of arbitration, namely, ad hoc, and institutional.
Arbitration binds both parties in conflict, and it becomes international if both parties involved in the conflict have their places of business in more than one country.
The decision of the arbitrator is binding on both parties.
It should be noted here that there is no appeal or review after the decision (the award) is given. The “Award” can be enforced in courts around the world. (FITT, 2014)
One of the advantages of arbitration is the fact that arbitrators can be chosen as opposed to a judge, which cannot be chosen. Another advantage of arbitration is the fact that it is faster and cheaper owing to the fact that litigation hearings are always based on a court’s schedule, which can sometimes be backlogged.
In mediation, the parties usually engage the services of an...
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Chapter 1&2 introduction to international trade
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