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International Trade Law Notes

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This is an extract of our International Trade Law document, which we sell as part of our International Law Notes collection written by the top tier of Monash University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our International Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

International trade law Agreement Establishing the World Trade Organization: This agreement (the Marrakesh Agreement) is really just an index. Substantive rules and agreements are in the annexes. Main functions of international trade lawTo provide a forum to negotiate trade agreements and rules (Dohar negotiations since 2001)To provide a specific dispute settlement process to resolve trade disputes (rather than taking general measures)Trade Policy Review Mechanisms: from time to time each country has its trade policies reviewed to see how they are advancing liberal trade

Main goals of international trade law:General trade liberalisation: there is a presumption that free trade is beneficial to all statesTransparency o

Prevention of protectionist measures expressed as tariffs

o

No "disguised protectionism" favouring domestic products or products from particular countries

To help achieve these goals, the following rules apply.

Most favoured/national treatment rules Rules [choose which applies]
Most favoured nation [discrimination at border]
[X] may argue that [Y state] has breached its obligations to ensure that every state receives the 'most favoured nation' treatment by [per facts]. Under this rule, states must not discriminate between like products imported from different WTO members (ie different states) and must treat them the same at the border (GATT Art 1.1).Exceptions to this rule apply if the discrimination is employed for specific reasons: see GATT Art XXThis rule applies in respect of technical regulations under the Agreement on Technical Barriers to Trade Art 2.1

National treatment [discrimination inside the country]
[X] may argue that [Y state] has breached its 'national treatment' obligations by [per facts]. The obligation is to ensure that imports are treated the same as like products of national origin inside the state's border (GATT Art III.1 and III.4).This rule relates to internal charges (eg taxes), laws, regulations and other requirements

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