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C O N F I D E N T I A L

W J A N 2 2 L AW 5 8 9

UNIVERSITI TEKNOLOG I MARAFINAL EXAM INATION

C O U R S E

C O U R S E C O D E

EXAMINATIONT I M E

L AW O F IN T E R N AT I O N A L T R A D E A N DFINANC E II

LAW589

JANUARY 2012 H O U R S

IN S T R U C T I O N S T O C A N D I D AT E S

1 . This question paper consists of seven 7) questions.

2 . Answ er four 4) quest ions in the Answ er Booklet. Star t each answer on a new page.

3. C andidates are allow ed to bring into the examination hail the following unann otated):i) GATT 1947ii ) G AT T 1 9 9 4

o not br ing any m ater ia l in to the exam ination room unless perm iss ion i s g iven by theinvigilator.

5 lease check to m ake sure that this examination pack consists of:i) the Quest ion Pape rii) an A nsw er Book let - provided by the Facu ltyD O N O T T U R N T H IS PA G E U N T I L Y O U A R E T O L D T O D O S O

This exam ination paper consists of printed pages Hak Cipta Universiti Teknologi M R ONFIDENTIAL

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C ONFIDENTIAL W J A N 2 2 L AW 5 8 9QUESTION I

With reference to the latest developments, discuss whether the World Trade Organisation(WTO) has managed to fulfill its stated objectives and functions as laid down in the WTOAgreement.

100 marks)

Q U E S T IO N 2

Explain the application of Most Favoured Nation treatment under Article I: 1 of the GeneralAgreemen t on Trade and Tariffs GATT) 1994.

100 marks)

QUESTION 3

On 12 November 2011, Meriamsengal, a WTO member introduced a National AutomativePolicy to address con cerns in its automative sector. Among others, the m easures relate to:

a) imports of complete automobiles and of certain parts and components which aresubject to a system of non-automatic import licenses.

b) import licenses which may be granted only to local joint venture manufacturers that

have signed an MoU with the Meriamsengal Government, whereby they undertake,inter a/ia to comply with certain local content and export balancing requirements.

anufacturers of m otor vehicles w ho m ust achieve specified levels of local content.

According to Seta nmerahpower, another WTO member, these measures are enforceableunder Meriamsengal law and rulings. Manufacturing firms in the automotive sector musttherefore, comply with these requirements in order to obtain Meriamsengal import licensesfor certain motor vehicle parts and components. This is therefore, a violation of Article Ill ofGATT 1994.

Advise Meriamsengal of its obligations under Article Ill of GATT 1994. 100 marks)

QUES TION 4

Explain what product dumping means and outline the measures that can be taken tocounter those activities in Malaysia.

100 marks)

H ak cipta universiti TeknologiM R ONFID EN T IAL

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CONFIDENTIAL W/JAN 2012/LAW589QUESTION

The World Trade Organisation agreements include numerous provisions giving developingand least developed countries special rights or extra leniency in respect of theimplementation of the agreements Analyse the success of those provisions in helping thesecountries to engage in international trade.

100 marks)

QUESTION 6

Examine the effectiveness of the dispute settlement mechanisms of the World TradeO rganisation in resolving trade disputes. Provide examples in your answer.

100 marks)

QUESTION 7

Discuss the application of Article XIX of the General Agreement on Trade and Tariffs 1994and the Agreement on Safeguards.

1 00 marks)

END OF QUESTION PAPER

Hak cipta Universiti Teknotogi MARA ONFIDENTIAL