Posted: December 8th, 2014

Legal research and analysis

Legal research and analysis

Choose one of these topic that you familiar with:

1)    “Customs Unions and Free Trade Areas were seen by the drafters of GATT as likely to lead to the growth of free trade. In practice, GATT Article XXIV has been allowed to create a form of regional protectionism.”  Do you agree? Illustrate your discussion by particular reference either to the European Union, or to an FTA or Customs Union of which your own country is a member.

2)    “Developing countries perceive the TRIPS Agreement as a new way of preventing them from becoming technologically independent”. Is this a fair evaluation of the Agreement? What benefits does the TRIPS Agreement provide for developing countries? Is it likely to lead to growth in trade or to reduction in trade between developed and developing countries?

3)    “The GATT anti-dumping provisions have enabled anti-dumping measures to become a form of protectionism, rather than a response to unfair trading practices.” Do you agree? What changes to the Agreement on Implementation of Article VI are being negotiated in the Doha Round and would these changes eliminate the misuse of Article VI? Illustrate your response with examples of recent anti-dumping actions and panel decisions.

4)    How effective is the WTO/GATT dispute resolution mechanism in resolving disputes between members? Does the system solve disputes or prolong them? Give examples of both successful and unsuccessful proceedings.

5)    Examine the role played by international law in dealing with the issues arising from the use of electronic transactions in international trade. What steps has the international community taken to provide a legal framework for the use of electronic commerce? How successful have these steps been to date? What further work needs to be done?

6)    “Trade in services is substantially different from trade in goods and therefore GATS, unlike GATT, will never be able to achieve a global legal regime for managing trade in services.” Do you agree? Compare and contrast the two agreements and identify how GATS would need to change to make it as effective as GATT.

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