MAY 2010 Page 1 of 2 THIS BOOKLET IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON 501 051A

POSTGRADUATE CERTIFICATE IN LAWS POSTGRADUATE DIPLOMA IN LAWS LLM EXAMINATION For External Students WORLD TRADE LAW Section A: World Trade Organization institutions and dispute settlement Candidates should answer ONE of the following TWO questions. 1. Article II.1 of the WTO Agreement stipulates: The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement. How does this common institutional framework find its reflection in the specific provisions of the WTO Agreement and in practice? Discuss. 2. Xonia and Zoland are WTO Members. Xonia has adopted a new law, the Timber Act, restricting the importation and sale of timber harvested through unsustainable methods. The Timber Act gives the Minister of Environment the power to determine, on a case-by-case basis, specific measures to be taken with respect to timber falling into the above category. Zoland decides to challenge the Timber Act in WTO proceedings. It asks for your advice with respect to th e following issues raised by Xonia in response to Zolands complaint: (a) Zoland does not export any timber to Xonia and its exports to other WTO Members are not very significant. Therefore, Xonia argues that Zoland cannot claim nullification or impairment of benefits by the Timber Act and has no standing in the dispute. (b) Xonias Minister of Environment has not yet taken any measures under the Timber Act. Xonia argues that the Timber Act is discretionary legislation, which is deemed to be WTO -consistent unless and until applied in a WTO-inconsistent manner. MAY 2010 Page 2 of 2 QUESTION CONTINUES ON NEXT PAGE UL10/0190 (c) Another WTO member, Yrundia, which is an exporter of timber (including to Xonia), also criticizes the Timber Act. Yrundia would like to join in the proceedings, preferably at the consultations phase. Xonia opposes

Yrundias request, while Zoland supports it. Can Yrundia join in the consultations? If not, what other ways are available to it to challenge the Timber Act? (d) After two meetings between the parties, Xonia withdraws from the consultations. At a press conference, Xonias Minister of Trade states that: The talks were more a joke than serious negotiations, so no consultations were held. Zoland wonders whether the Ministers stat ement will affect Zolands right to make a request for the establishment of a panel. Zoland is also concerned about the confidentiality of any information that it may have provided to Xonia during the two meetings. Discuss. END OF PAPER UL10/0190 MAY 2010 Page 1 of 1 THIS BOOKLET IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON 501 051B POSTGRADUATE CERTIFICATE IN LAWS POSTGRADUATE DIPLOMA IN LAWS LLM EXAMINATION For External Students WORLD TRADE LAW Section B: Basic principles of trade in goods Candidates should answer ONE of the following TWO questions. 1. The principle of non-discrimination is one of the basic pillars of GATT substantive law. Discuss. 2. Taland, a WTO Member, has large resources of coal, sufficient to cover domestic demand and exports. Unfortunately, in the past few years its coal mining industry has been experiencing problems, due largely to competition from a neighbouring state, Susland (also a WTO Member). Last year, imports of coal from Susland reached a high of 10 million tonnes and are expected to increase in the current year. Suslands coal is cheaper because it is extracted through opencast mining and requires less expensive technology than coal mining in Taland. The National Coal Association (NCA) in Taland has approached the government with a request that a safeguard measure be imposed, in order to protect the industry. At the request of Talands Ministry of Economy, prepare a memorandum outlining the requirements for the application of safeguard measures and a general assessment of the WTO-consistency of a possible safeguard measure in this case. END OF PAPER UL10/0238 MAY 2010

Page 1 of 2 THIS BOOKLET IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON 501 051C POSTGRADUATE CERTIFICATE IN LAWS POSTGRADUATE DIPLOMA IN LAWS LLM EXAMINATION For External Students WORLD TRADE LAW Section C: Specific regulations of trade in goods Candidates should answer ONE of the following TWO questions. 1. There are many similarities between anti-dumping duties and countervailing duties. The two WTO agreements governing those measures have been referred to as sister agreements. Discuss the similarities and differences between these measures, taking into account their legal bases and their main elements, as well as the types of specific measures available under each agreement. 2. Ecoland, a WTO member, is a developed country with a traditionally strong agricultural sector. Ecoland has just adopted the Genetically Modified Products Act (GMPA), which regulates the imp ortation, marketing and growth of genetically modified (GM) products. In general, the GMPA does not prohibit the importation and use of GM products. There is only one exception: an explicit ban on a genetically modified potato, known as the paper-potato (PP). Its starch content has been genetically modified, which makes the PP particularly useful in the paper industry. Unfortunately, the PP contains a gene-marker that is resistant to antibiotics. Ecoland is concerned that if PP is grown in the country and farmers use it as animal fodder, the resistance to antibiotics may be carried on to animals and humans. Hence, the ban. The GMPA also provides that individual farmers and farmers unions may apply for permission to set up special ecological zones (SEZs), where no GM products will be allowed. Such zones will be protected from other areas by buffer zones of 2 kilometres. The owners or managers of SEZs will be subject to strict reporting requirements on the type of products grown, annual yield, their use and sale. Non-compliance with these requirements may result in heavy fines and withdrawal of the permit to maintain a SEZ. QUESTION CONTINUES ON NEXT PAGE UL10/0239 MAY 2010 Page 2 of 2 Producers and potential importers of GM products have complained that the above regulations may result in the whole area of Ecoland being covered by a network of SEZs and buffer zones, which will exclude GM products from the whole country. Some WTO members, exporters of GM products, have been grumbling about the WTO-consistency of the GMPA. Therefore, Ecoland has asked you to assess the law in light of the SPS Agreement. Advise Ecoland.

END OF PAPER UL10/0239 MAY 2010 Page 1 of 1 THIS BOOKLET IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON 501 051D POSTGRADUATE CERTIFICATE IN LAWS POSTGRADUATE DIPLOMA IN LAWS LLM EXAMINATION For External Students WORLD TRADE LAW Section D: Special World Trade Organization regulations Candidates should answer ONE of the following TWO questions. 1. Four years ago two neighbouring countries, Aland and Beland (both WTO Members), signed a bilateral free trade agreement, which was notified to the WTO. Since then, the economic integration between the two countries has deepened significantly: at present, their mutual imports and exports of goods and services account for over 65% of their overall trade. Recently, Aland has proposed the formation of a customs union with Beland. Beland asks you to prepare a memorandum on the WTO requirements relating to a customs union. In addition, it would like you to discuss the benefits and drawbacks of a customs union in comparison with a free trade agreement. 2. Consider the following: [C]ompetition policy and the WTO share the same objective, namely, an economic system based on a market economy. Indeed, competition policy is an integral principle of the WTO regime, even though there is no WTO agreement on competition policy. (Matsushita, Schoenbaum&Mavroidis) Discuss the relationship between the WTO and competition policy. END OF PAPER UL10/0240