LAW 724 Lecture Notes - Lecture 2: Most Favoured Nation, Customs Valuation, Common External Tariff
21 Apr 2018
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Overview: methodological tools, ou(cid:396)(cid:272)es of la(cid:449) (cid:894)co(cid:374)t"d(cid:895) customary rules, introduction to wto, gatt fundamental rules. Exercise mushroom farmers: no mushrooms not vegetable: textual approach to statute analysis, yes the intent of the statute: goal to increase power / protect workers: When solving cases, look for the rule used in previous cases solving by analogy. If no previous cases are comparable, look at the statute: statute is broad, analyze the concept used by the statute, can my case fit into the concept of the statute. Two elements for international custom: objective element, is there a general practice, substantial uniformity and consistency, generality practice is widespread, no particular duration, subjective element. Is it accepted as international law: opinion iuris sive necessitates, state practice must be accompanied by a conviction of adhering to an existing rule of law. Material sources of international customary rule: diplomatic correspondence, press release, opinion of government legal advisor, government comments on ilc draft, legislation, bilateral treaties.
