Description:
Topic:
‘Any business that crosses border must comply with the laws of respective importing and exporting countries. In addition, parties to an international business should educate themselves about international standards that seek to monitor and/or control trade in the products they import or export.’
Your Task: Evaluate the accuracy and importance of the above statement in International Business Transactions by addressing the following:
1. What legal and procedural considerations need to be taken into account when making a decision to import goods in Australia? How are trade remedies utilised and regulated?
2. Evaluate the way in which non-tariff barriers play an important role in restricting imports. What are the fundamental rationales for these barriers and how are they ‘disciplined’ under GATT, SPS and TBT agreements?
3. To what extent do you think the Australian regulatory approach to exporting may (or may not) affect companies’ ability to export?
4. Provide a critical analysis of the role of the Appellate Body in dealing with export duties in the China Dispute DS394 under the WTO dispute settlement system. Does this decision provide adequate incentives for Member States to invoke the system? Support your argument by relying on scholarly sources.
5. What advice would you give an exporter of ‘defence and dual-use goods’ to make sure that it complies with the applicable regulation?
Sound organisation of the paper:
• Introduction
• Conclusion
• Proper referencing and acknowledgement of sources
[Please note that one ‘Introduction’ and one Conclusion’ covering the above five questions should be fine]
Assessment Criteria:
This task aims to assess your skill and critical analytical ability to examine issues involved in the topic with adequate support and acknowledgement. Marks will be awarded based on the following assessment criteria:
• A well structured response based on issues raised in the topic
• Originality of the work devoid of plagiarism
• Accurate identification and analysis of issues through the use of primary and secondary sources
• Appropriate application of relevant laws and international standards to the context
• Critical evaluation and efficient use of information
• Concise and logical approach to address relevant aspects
• Clear demonstration of knowledge and correct written expression
• The degree of persuasion/depth of research evidenced from your argument
• Proper referencing and acknowledgement of sources
Basic Resources for Question 4 China Dispute:
1. China — Measures Related to the Exportation of Various Raw Materials, Dispute DS394 available at
https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds394_e.htm.
2. William J Davey, ‘The WTO: Looking Forwards’ (2006) 9 Journal of International Economic Law
3. WTO Dispute Settlement, https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm
4. WTO Decision Making Process
https://www.youtube.com/watch?v=- EjvTEAnfB4&feature=results_video&playnext=1&list=PL7CBC0AAB85624AC2
5. The GATT/WTO at 60: Achievements and Challenges
6. The World Bank, Developing Countries and Enforcement of Trade Agreements: Why Dispute Settlement Is Not Enough’ (December 2007), Policy Research Working Paper 4450 [https://papers.ssrn.com]
• Length: 4000 words (excluding footnotes, but footnotes must not include any substantive content. The actual word length of a paper must be stated on the cover sheet).
• Assignment must be typed, double spaced and referenced and should conform to the Australian Guide to Legal Citation (can be downloaded at https://www.law.unimelb.edu.au/go/aglc)