I.D.
END TERM EXAMINATION, APRIL 2017
B.A.LL.B. (HONS.)
SEMESTER-VIII X
T&I International Trade Law (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks
carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. What is a tariff? Why it is preferred over quantitative restrictions?
b. What is the significance of specialization in International Trade?
c. Discuss the differences between WTO TBT Agreement and Tokyo Round TBT Agreement.
d. What are the seven instruments of trade policy?
e. Write a descriptive note on the scope of the Technical Barriers to Trade Agreement.
f. What do you understand by the Substantial Transformation Test with reference to the
Agreement on Rules of Origin?
g. What do you understand by the Independent Review Procedure under the Agreement on Preshipment
Inspection?
h. Write a descriptive note on the Anti-Dumping Duties.
i. What is
j. Discuss the Relationship of WTO with IMF and World Bank.
2. Discuss the following:
a. In various disputes settled by panel and appellate body within the framework of DSU, four
criteria have been used in determining whether products are "like". What are these criteria?
b. Measures aimed at protecting the environment come in various shapes and forms. Under WTO
rules, as confirmed by WTO jurisprudence, Members can adopt trade-related measures aimed
at protecting the environment, subject to certain specified conditions. In this respect mention
the provisions of relevant agreements dealing with environmental issues.
(Marks 5×2=10)
3. Discuss the following:
a. In various disputes specifically in US — Gasoline; the Appellate Body presented a two-tiered
test under Article XX of GATT 1994 and observed that, "In order to justify protection of
Article XX, the measure at issue must not only come under one or another of the particular
exceptions — clause to — listed under Article XX; it must also satisfy the requirements
imposed by the opening clauses of Article XX. The analysis is, in other words, two-tiered:
first, provisional justification by reason of characterization of the measure under Article XX
clause to second, further appraisal of the same measure under the introductory clauses
of Article XX." In this background write an explanatory note on "General Exceptions" under
the General Agreement on Tariffs and Trade 1994.
b. Interaction between Trade and Competition Policy is one of the so-called "new issues" in the
World Trade Organisation, addressing how domestic and international competition policy
instruments interact with International Trade. In this respect discuss the relation between
Trade and Competition Policy and also mention in short that, why consumers in developing
countries are probably more vulnerable to anti-competitive practices?
(Marks 5×2=10)
PTO
4. Write an explanatory note on the General Elimination of quantitative restrictions under Article XI
of General Agreement on Tariffs and Trade 1994 with its exceptions. (Marks 10)
5. According to World Trade Organisation, "the WTO Agreement on Subsidies and Countervailing
Measures contains two "tracks". The first is the multilateral track, which sets forth the disciplines
on governments' use of subsidies and the second track is the unilateral or national track, which is
the use of countervailing measures by an importing Member where subsidized imports are
causing injury to the domestic industry in the importing Member." In this background discuss the
WTO Agreement on Subsidies and Countervailing Measures. (Marks 10)
6. The theories related with International Trade right from its inception have been based on abstract
logic because of different reasons such as complexities of trading partners, different levels of
economic/technological growth and political background etc. Though it's not possible to give
universally acceptable theory but theories like mercantilism, absolute advantage and comparative
advantage are relevant to trace the cause and effect of trade. In this background discuss the theory
of Mercantilism, Absolute Advantage and Comparative Advantage. (Marks 10)
7. In the year 1947 to govern trade in goods, GATT Contracting Parties were agreed on multilateral
rules and principles. After the conclusion of the Uruguay Round of negotiation and the entry into
force of the Marrakesh Agreement Establishing the WTO January 1995), the basic principle of
non-discrimination formulated in the GATT 1947 remained fundamentally unchanged. In this
background write an explanatory note on the principle of non-discrimination embodied in the
MFN and National Treatment, in the context of General Agreement on Tariffs and Trade 1994.
(Marks 10)