Country A has recently joined the World Trade Organization. It has encountered the following problems.
Country A manufactures and imports passenger cars into Country B. Last month Country B has introduced a 30% customs duty on all imported cars. The authorities of Country B maintain that the customs duty is required to protect the domestic automotive industry, which is facing severe decline.
Country A also exports cucumbers into Country C. Country C has recently refused to accept any cucumber imports from Country A on the grounds that Country A is using a super-strong chemical to protect its cucumber plants from mildew. Officials of Country C maintain that cucumber crop from Country A is contaminated with this chemical, which could make it dangerous for human consumption. Country A maintains that even though traces of the chemical can be detected in its cucumbers, there are no known harmful effects of the chemical on human health.
Assuming all three countries, A, B and C, are members of the World Trade Organization and the European Union, advise Country A on the validity of restrictions imposed by Countries B and C in relation to both, WTO Law and EU law on free movement of goods. Support your arguments with decided WTO disputes and EU case law.
Essay writing tips
Introduction 200 words
identify subject area
signpost areas of debate/ core arguments
Main body
Set out core arguments
Explain principles with ref. to authorities
Conclusion 200 words
‘decide’ on arguments with specific reference to quote
Layout
2.1Wto?
2.1.1 Car
2.1.2 cucumber
2.2 EU?
2.1.1car
2.2.2 cucumber
Cucumber please refer wto:http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds293_e.htm
Problem Type Questions
General Guidance
Identify legal issues in an appropriate and methodical way; what does this mean?
Provide a structure for your answer. It’s important to present information in a clear and concise manner. If you are asked to consider the situation of more than one party, it is often best to deal with each of the parties separately and completely in the order they appear on the facts.
Provide a balance. Make sure you relate your answer to the question. Always write the answer to the question that has been asked.
Apply the law to the facts. Do not invent facts that have been left out. Do not speculate. If there is ambiguity it is on purpose to allow you to talk about the alternatives. If you don’t know all the relevant information say so and briefly talk about the alternatives.
I.R.A.C.
ISSUE: Identify the issues in a problem
RULE OF LAW: State the principles of law involved
APPLICATION: Apply the law to the facts of the particular problem
CONCLUSION: Your conclusion should flow from your application of the law to the facts.
Essay Type Questions
General guidance
Essay questions not easier than problems questions
It may sound obvious but you need to answer the question asked some students fall down because they simply write everything they know about that topic.
A good essay keeps in touch with the question which it is addressing as it goes along and then comes to a conclusion.
Spend some time brainstorming a list of points and issues that you think will be relevant to the answer.
Spend some time writing a plan, jot down headings, key points, statutory and case references.
Write the answer using your plan to guide you keep referring back to the question to show that you are engaging with it.
If the question asks for your view make sure you include it.
Have a short introduction and always come to a conclusion with your view.
Include a bibliography footnote (assignments only!)
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