BAI Danni February 2nd, 2014
LECORCHE Claire European Law
CHATELIN Mael MIM Program ZHANG Xuwen
Continuous Assignment – Team work: ABC Case
Part 2: Goods produced in India
I) Facts Summary
II) Applicable Law
V) ABC actions
I) Facts Summary
In charge of inspection shipment (pre or after??) suppler must to do the goods >US$3,300
Cost the fee of waiting for the lorry to carry the goods
Import some toys from India
That could be use of the marine transport
The article we will use for the case
Article I.1 The most favoured nation principle
Article III of GATT The national ...view middle of the document...
It means if ABC Ltd. thinks Indian commercial behavior or their products have problems or either of them thinks the price is not fair, they can raise an objection to related department of WTO.
4.Financial and custom/tariff barriers are prohibited because of the WTO The most flavor national principle and NT
GATT 1994 Article XI:’ No prohibitions or restrictions other than duties taxes ,or other charges through quotas , licence or other measures ‘…on import or export applies to all measures taken by a MS
Art VIII:1(C)of the general agreement ,dealing with fees and formalities connected with importation and exportation ,states that :
“the contracting parties also recognize the need for minimizing the incidence and complexity of import and export formalities and for decreasing and simplifying import and export documentation requirments”
6.Granting MFN has domestic benefits: having one set of tariffs for all countries simplifies the rules and makes them more transparent. It also lessens the frustrating problem of having to establish rules of origin to determine which country a product (that may contain parts from all over the world) must be attributed to for customs purposes.
That could make world’s trading business more motivated to attend. Specially from European country to developing country.
7.The WTO Agreements contain provisions which give developing coutries special rights .
Longer time periods for implementing agreements and commitments
Measures to increase trading opportunities for these coutry