Structure
Facts – Factual background: Although it is not necessary to repeat all the facts, you need to mention the essential aspects which are relevant for the analysis, e.g. what is the measure in question?; why the Applicant is submitting a complaint?; what are the main topics?
Legal Claims: Since you are representing the respondent, you need to address the claims put forward by the applicant State. This is the order that you shall follow.
Conclusion: It should include a global conclusion of the main topics.
Citation style and sources
OSCOLA should be consistently followed.
Primary Sources: WTO Cases -Dispute Resolution Gateway
Secondary Sources: Please see the list of resources already available on CANVAS and the notes uploaded by Chris Manning.
Different elements for the analysis
Please consider the different stages of the writing process:
Research
Planning
Drafting
Editing
Final Re-Write
This is a problem based question, your answer should follow the “CLEO”. Identify your Claim, state the relevant Law, Evaluate that law in light of the facts presented to you and finally, conclude with your Outcome.
Claims under the GATT
Examine the allegations of breach of Most-favoured-Nation and National Treatment principles.
Exceptions: – Special exceptions relating to developing and Least-Developed countries.
General Exceptions. Chapeau.
Agreement on Technical Barriers to Trade
TBT (https://www.wto.org/english/tratop_e/tbt_e/tbt_e.htm)
Is the RAPA a technical regulation?
Is it based on an international standard?
What is an international standard?
Presumption and shift of the burden of proof.
Cases that you should cite (all summaries available per week on CANVAS)
EC- Seal Products
Brazil -Retreaded Tyres
Shrimp/Turtle
Dolphin/Tuna fish
Australia – Tobacco products
EC-Sardines
Treaties
AGREEMENT ON TECHNICAL BARRIERS TO TRADE
Technical Regulations and Standards
“Article 2: Preparation, Adoption and Application of Technical Regulations by Central Government Bodies
(…)
2.1 Members shall ensure that in respect of technical regulations, products imported from the territory of any Member shall be accorded treatment no less favourable than that accorded to like products of national origin and to like products originating in any other country.
2.2 Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create. Such legitimate objectives are, inter alia: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements of consideration are, inter alia: available scientific and technical information, related processing technology or intended end-uses of products.
2.3 Technical regulations shall not be maintained if the circumstances or objectives giving rise to their adoption no longer exist or if the changed circumstances or objectives can be addressed in a less trade-restrictive manner.
2.4 Where technical regulations are required and relevant international standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, for instance because of fundamental climatic or geographical factors or fundamental technological problems.
2.5 A Member preparing, adopting or applying a technical regulation which may have a significant effect on trade of other Members shall, upon the request of another Member, explain the justification for that technical regulation in terms of the provisions of paragraphs 2 to 4. Whenever a technical regulation is prepared, adopted or applied for one of the legitimate objectives explicitly mentioned in paragraph 2, and is in accordance with relevant international standards, it shall be rebuttably presumed not to create an unnecessary obstacle to international trade.
2.6 With a view to harmonizing technical regulations on as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing bodies of international standards for products for which they either have adopted, or expect to adopt, technical regulations.”
