MOD003342 Law Of International Trade Assignment

ASSIGNMENT QUESTION

As the General Counsel of your country’s Ministry of Trade and the foremost expert in International trade issues, you have been assigned the task of putting together a small legal brief in which you will outline the main aspects of the WTO’s Anti-Dumping Paradigm and will also comment on its actual effectiveness.

With regard to the paradigm’s effectiveness, consider:

1. Whether the current WTO paradigm that avoids prohibiting dumping outright is an effective means of doing things by allowing for greater flexibility as it leaves the actual resolution of the issue at the discretion of WTO members? and
2. Whether the current absence of a direct prohibition on dumping is not the most effective way of resolving the issue of dumping as it is merely burdening importing countries with unnecessary additional costs while it allows exporting countries to continue their dumping habits with impunity?

ASSESSMENT CRITERIA

Students are therefore expected to exhibit the following:

• Knowledge and understanding of the WTO Anti dumping Regulatory Framework, and especially the process under which WTO members are allowed to take anti-dumping measures
• Try to keep an open mind when structuring your answer. For example, try to consider whether WTO’s idea of not prohibiting dumping outright is a good thing because it allows greater flexibility by
• Application of the law to the issues presented
• Ability to articulate a convincing argument that draws on a good range of sources
• Demonstrate depth of research and an ability to source appropriate materials pertinent to the assignment
• Correct grammar, presentation, and referencing.

ASSESSMENT GUIDANCE

1. In terms of structure – you need to provide a proper introduction, contents, and conclusion as part of your answer. Your ability to achieve good grades may be affected if you failed to include a paragraph in the introduction and conclusion.
2. Your answer must not be descriptive (ie: providing a purely descriptive account of the relevant WTO regulatory framework and effort must be taken to relate it to the statement. It is imperative that the purpose of the assignment is not to write ‘all you know about the topic/subject area as it may affect your ability in achieving good grades. Therefore, please ensure you have a clear and precise understanding of the requirements for this essay question.
3. Discuss the relevant case laws and statutes where appropriate. Please ensure the name of any and all relevant cases is quoted in full. For example, Salomon v Salomon and Company.
4. You may wish to use the ‘IRAC’ formula in forming your discussions. ‘I’ – IDENTIFY the issue; ‘R’ – Explain the RULES surrounding the relevant area/issue; ‘A’ – APPLY cases to support and APPLY relevant legal principles to the issue(s); ‘C’ –CONCLUSION to the issue. This can be used repeatedly in addressing the issues for this essay question.
5. Ensure that the essay is well-presented, referenced using Harvard and that it includes a Harvard reference list at the end. Please observe good academic practice as well – Do not use abbreviations such as ‘e.g.,’, ‘i.e.,’ or simplify words such as ‘because’ to ‘b’cos’ or ‘and’ to ‘&’. Please use upper and lower cases appropriately. Please use proper paragraphing / paraphrasing, and do not use and/or quote your lecturer’s name as means of illustrating examples in support of the legal principles.

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