LAW 724 Lecture Notes - Lecture 5: National Treatment, Extraterritoriality, Appellate Body
21 Apr 2018
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How to solve an international trade law case: identify the trade measures at issue, ask whether there is a gatt violation, ask whether the violation is justified under gatt. Always cite relevant case law, not just statute. Disguised forms of protectionism against more competitive imported products. Xx: list of legitimate policy objectives, necessity test, arbitrary or unjustifiable discrimination, disguised restriction on international trade. Gatt/wto case law: tuna-dolphin 1 & 2, gasoline, shrimp-turtle 1 & 2, ec-seal product. Issue did the us embargo on imports of tuna caught with purse-seine nets violate art xi. Process us could apply its regulations on the quality or content of the tune imported. However, us could not ban imports of tuna on the basis that the. Mexican regulations of the way tuna was produced (process) did not satisfy us regulations. The eu challenges a secondary embargo in us legislation. Secondary embargo embargo on mexico and canada imports mexican product.
