Week 1 Matsushita,, M,, Schoenb aum,, T & Mavrodis,, The World Trade Organization : Law,, Practice and Policy , ( 3rd ed,, Oxford University Press,, Oxford P 2015)) o Chapter 1,, ‘TThe World Trade...

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Week 1 Matsushita,, M,, Schoenb aum,, T & Mavrodis,, The World Trade Organization : Law,, Practice and Policy , ( 3rd ed,, Oxford University Press,, Oxford P 2015)) o Chapter 1,, ‘TThe World Trade Organization’’ P1 – P 30 . o Chapter 2,, ‘WWTO Law and Domestic Law’’ P31 - 46.. o Chapter 3,, ‘SSources of Law and Pr inciples of Interpretation’’ P47 - P82.. Simon Lester and Bryan Mercurio,, World Trade Law , Hart Publishing ( 2 nd ed,, 2013 );; o Chapter 2 , ‘TThe History and Institutions of the Multilateral Trading System’’ P 5 5 - P 90 . o Chapter 3,, ‘WWorl d Trade Law and International Law’’ P91 - P109.. o Chapter 4,, ‘WWorld Trade Law and Domestic Law’’ P111 - P144.. Week 2 Matsushita,, M,, Schoenbaum,, T & Mavrodis,, The World Trade Organization : Law,, Practice and Policy , ( 3rd ed,, Oxford University Press,, Oxford P 2015)) o C hapter 4 , ‘ Dispute Settlement ’ P 83 – P 110 . Simon Lester and Bry an Mercurio,, World Trade Law , Hart Publishing (22 nd ed,, 2012)) o Chapter 5,, ‘TThe Settlement of Disputes in GATT//WWTO’’,, P149 - P219 Week 3 Matsushita,, M,, Schoenbaum,, T & Mavrodis,, The World Trade Organization : Law,, Practice and Po licy , ( 3rd ed,, Oxford University Press,, Oxford P 2015)) o Chapter 6 , ‘ Most Favoured Nation Treatment ’ P1 55 – P 178 . Simon Lester and Bryan Mercurio,, World Trade Law , Hart Publishing (22 nd ed,, 2012)) o Chapter 7,, ‘NNon - Discriminatio n:: MFN and National Treatment’’,, P309 - P345 WEEK THREE PRINCIPLES OF THE WTO TRADING SYSTEM:: THE MOST FAVOURED NATION PRINCIPLE European Communities – Measures Affecting Asbestos and Asbestos - Containing Products (WWT//DDS135//AAB//RRReport of)) pp 31 - 55 Week 4 Matsushita,, M,, Schoenbaum,, T & Mavrodis,, The World Trade Organization : Law,, Practice and Policy , ( 3rd ed,, Oxford University Press,, Oxford P 2015)) o Chapter 7 , ‘ National Treatment ’ P1 79 – P 214 . Simon Lester and Bryan Mercurio,, World Trade Law , Hart Publishing (22 nd ed,, 2012)) o Chapter 7,, ‘NNon - Discrimination:: MFN and National Treatment’’ , P 265 - P308 Week 5 Matsushita,, M,, Schoenbaum,, T & Mavrodis,, The World Trade Organization : Law,, Prac tice and Policy , ( 3rd ed,, Oxford University Press,, Oxford P 2015)) o Chapter 1 1 , ‘ Antidumping’’ P375 – P 408 . o Chapter 12,, ‘SSafeguards’’ P409 – P432.. Simon Lester and Bryan Mercurio,, World Trade Law , Hart Publishing (22 nd ed,, 2012)) o Chapter 11 , ‘ Dumping and Anti - dumping Measures’’,, P473 - P52 9 WEEK FIVE ANTIDUMPING AND SAFEGUARDS
Answered Same DayJul 04, 2020

Answer To: Week 1 Matsushita,, M,, Schoenb aum,, T & Mavrodis,, The World Trade Organization : Law,, Practice...

Anju Lata answered on Jul 06 2020
132 Votes
LEGAL BRIEF 7
LEGAL SUBMISSION EXERCISE
Submitted by:……..
Submitted to:……….
University:……………
    
THE LEGAL BRIEF
Purpose
The purpose of this legal brief is to give legal advice to Superbrew Inc. on all the issues depicted in the given case. S
uperbrew wants to increase its exports of low alcohol beer, high alcohol beer and non-alcoholic beer to Newland. This legal brief aims to analyze the facts and issues within Newland and find out their obligations under WTO agreements. The report finds out whether there are violations of the non-discrimination obligations in Newland trade under WTO law.
Key Points / Issues
1. According to Article 1 of GATT 1994, when a country opens up the market for any import, for any product, it has to do so for all its business partners providing services for the same goods (WTO, 2018). However, Newland exempted the import of high alcohol beer from the US, and other microbreweries, from any kind of custom duties while imposing 30% custom duty on the import of high alcohol beer from other countries. It is a violation of anti-discriminatory policy of Article 1.
2. The rate of ad valorem custom duties imposed on different beverages has been different in Newland. It is 10% on wine, 20% on low alcohol or nonalcoholic beer, and 30% on high alcohol beer.
3. When Newland clearly made it a requirement that all the beer would be imported through two ports only, it exempted the neighboring country Nearland from this requirement. It is a violation of anti-discriminatory Article 1.
4. When Newland revised its tax regime, it imposed discriminatory tax rates. The VAT rates imposed on nonalcoholic Beverages do not comply with the WTO regulations as the VAT imposed on domestically produced nonalcoholic beverages is just the same as the VAT imposed on Nonalcoholic beverages imported from the US. Article XVII prohibits the practice of imposing an internal domestic tax on imported products (WTO,2018).
5. There is a significant difference between the VAT on nonalcoholic beverages imported from US (2%) and the VAT imposed on that imported from other countries (5%). As an example of a similar incident, Canada had challenged the Federal sales and tax regulations in certain US states which resulted from differential treatment of imported and domestic alcoholic beverages. A similar test on alcoholic beverages was rejected in Japan.
6. The excise tax rates also vary considerably. It is 15 percent on wine, 15.5 percent on low alcohol beer and non-alcoholic beer and 30 percent...
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