Third Party Trade Relations with Members of a Free Trade Agreement
LAW 889 LEGAL OPINION ASSIGNMENT (2015)
Instructions:
1. Clearly write your name, student number, and tutorial day, time, and tutor’s name on the first or cover page of your assignment.
2. You are expected to write 2000 words maximum. You must show word count on the first or cover page of your assignment. Total mark 40%.
3. Footnotes, references, and bibliography, if any, must be complete and consistent with Australian Guide to Legal Citation (AGLC).
Third Party Trade Relations with Members of a Free Trade Agreement
The North American Free Trade Agreement (NAFTA) has three members – the US, Canada, and Mexico which trade among themselves duty-free in wide ranging goods, services, and investment. Ausland, an Asian country is not a member of NAFTA but in December 2014 has concluded a separate bilateral preferential free trading agreement (FTA) with Mexico. Under the Ausland-Mexico FTA, which has come into effect on 1 July 2015, both countries have reduced their tariff to zero in all but agricultural and farm products. Some products classified as “sensitive” in their product schedules are also exempt from the tariff reduction regime.
Lotus Manufacturing Co Ltd, an Ausland private company specialising in the production and export of electrical goods and spare parts, has been exporting its products to all NAFTA countries under ordinary tariff duties required by their respective domestic customs law at entry into the NAFTA market. Following the Ausland-Mexico FTA, the Managing Director of Lotus Manufacturing Co Ltd has received a letter from the Ausland Ministry of Foreign Affairs and Trade that from 1 July 2015 Lotus Manufacturing can export its products to the Mexican market duty-free. The Managing Director of Lotus Manufacturing Co Ltd knows it very well that products in the Mexican market can enter into the US and Canadian markets duty-free under NAFTA and wants to explore the possibility of exporting its products to the US and Canadian markets duty-free.
The Managing Director of Lotus Manufacturing Co Ltd has appointed you as an international trade law expert to prepare a legal opinion paper for the company. In formulating your legal opinion, you are expected to read and rely on relevant NAFTA provisions and applicable international trade law and policy in support of your opinion. You are required to address the following four issues in your opinion (max 500 words and 10 mark for each):
1. Explain the legal basis of the Ausland-Mexico preferential FTA. Has it complied with the requirements of such FTA under the WTO Agreement?
2. Can the Lotus Manufacturing products be exported to Mexico duty-free can also enter into the US and Canadian markets duty-free?
3. Can the US and Canada invoke the NAFTA Rules of Origin to prevent Lotus Manufacturing products transiting through Mexico to enter duty-free through the US and Canadian customs?
4. Is there any viable business option available for Lotus Manufacturing to trade its product in the US and Canadian markets duty-free?
Note: You are expected to study the WTO Agreement, particularly the provision on preferential free trading arrangements and NAFTA rules in formulating your opinion.
Legal opinion worth 40% mark
A. Substantive requirements: This assignment will assess the on basis of discipline specific knowledge, understanding and identification of the relevant legal issues, and their application to a given (real or hypothetical) fact situation/problem of contemporary trading relations. Students may be required to take their research beyond the prescribed books and course materials (the supplementary books and journals provide a starting point for further research). Clarity of expression, presentation of argument, responsiveness to question, and correct and consistent reference style will also be taken into account. Students are encouraged to consider a theoretical as well as applied dimension to the issues under consideration for a legal opinion subsumable in international trade law.
B. Marking criteria/rubrics: (4 x10 = 40)
1 Theoretical discipline specific knowledge relevant and applicable to the problem;
2 Applied aspect: application of discipline specific knowledge to given facts;
3 Depth of legal research and critical analytical skill with innovative and interdisciplinary approach; and
4 Coherence of presentation, clarity of expression, responsiveness to the problem; and correct citation.
• Assignment must be typed with 12 point font in the text and 10 point font in foot/end notes. Bibliography/reference must also be 12 point font.
• No assignment can exceed their respective word limit. There is absolutely NO LEEWAY. The word limit does not include the footnotes and bibliography, although footnotes must not include any substantive content. The actual word length of your assignment must be stated on the cover sheet.
• Footnotes, bibliography and other referencing must be consistent with the Australian Guide to Legal Citations, which can be downloaded at http://www.law.unimelb.edu.au/mulr
• Inconsistent, incomplete, and hybrid style of footnotes/endnotes and bibliography/references will cost mark as they are integral parts of your work.
• In-text referencing is NOT permissible in this unit.
• Substantive and procedural requirements referred to are important and should be followed in assignment. Non-compliance may affect your marks.
Compelling correspondence is essential to the achievement all things considered but since of the changing idea of the present working environments, successful correspondence turns out to be more troublesome, and because of the numerous impediments that will permit beneficiaries to acknowledge the plan of the sender It is restricted. Misguided judgments.In spite of the fact that correspondence inside the association is rarely completely open, numerous straightforward arrangements can be executed to advance the effect of these hindrances.
Concerning specific contextual analysis, two significant correspondence standards, correspondence channel determination and commotion are self-evident. This course presents the standards of correspondence, the act of general correspondence, and different speculations to all the more likely comprehend the correspondence exchanges experienced in regular daily existence. The standards and practices that you learn in this course give the premise to additionally learning and correspondence.
This course starts with an outline of the correspondence cycle, the method of reasoning and hypothesis. In resulting modules of the course, we will look at explicit use of relational connections in close to home and expert life. These incorporate relational correspondence, bunch correspondence and dynamic, authoritative correspondence in the work environment or relational correspondence. Rule of Business Communication In request to make correspondence viable, it is important to follow a few rules and standards. Seven of them are fundamental and applicable, and these are clear, finished, brief, obliging, right, thought to be, concrete. These standards are frequently called 7C for business correspondence. The subtleties of these correspondence standards are examined underneath: Politeness Principle: When conveying, we should build up a cordial relationship with every individual who sends data to us.
To be inviting and polite is indistinguishable, and politeness requires an insightful and amicable activity against others. Axioms are notable that gracious “pay of graciousness is the main thing to win everything”. Correspondence staff ought to consistently remember this. The accompanying standards may assist with improving courtesy:Preliminary considering correspondence with family All glad families have the mystery of progress. This achievement originates from a strong establishment of closeness and closeness. Indeed, through private correspondence these cozy family connections become all the more intently. Correspondence is the foundation of different affiliations, building solid partners of obedient devotion, improving family way of life, and assisting with accomplishing satisfaction (Gosche, p. 1). In any case, so as to keep up an amicable relationship, a few families experienced tumultuous encounters. Correspondence in the family is an intricate and alluring marvel. Correspondence between families isn’t restricted to single messages between families or verbal correspondence.
It is a unique cycle that oversees force, closeness and limits, cohesiveness and flexibility of route frameworks, and makes pictures, topics, stories, ceremonies, rules, jobs, making implications, making a feeling of family life An intelligent cycle that makes a model. This model has passed ages. Notwithstanding the view as a family and family automatic framework, one of the greatest exploration establishments in between family correspondence centers around a family correspondence model. Family correspondence model (FCP) hypothesis clarifies why families impart in their own specific manner dependent on one another ‘s psychological direction. Early FCP research established in media research is keen on how families handle broad communications data. Family correspondence was perceived as an exceptional scholastic exploration field by the National Communications Association in 1989. Family correspondence researchers were at first impacted by family research, social brain science, and relational hypothesis, before long built up the hypothesis and began research in a family framework zeroed in on a significant job. Until 2001, the primary issue of the Family Communication Research Journal, Family Communication Magazine, was given. Family correspondence is more than the field of correspondence analysts in the family. Examination on family correspondence is normally done by individuals in brain science, humanism, and family research, to give some examples models. However, as the popular family correspondence researcher Leslie Baxter stated, it is the focal point of this intelligent semantic creation measure making the grant of family correspondence special. In the field of in-home correspondence, correspondence is normally not founded on autonomous messages from one sender to one beneficiary, yet dependent on the dynamic interdependency of data shared among families It is conceptualized. The focal point of this methodology is on the shared trait of semantic development inside family frameworks. As such, producing doesn’t happen in vacuum, however it happens in a wide scope of ages and social exchange.
Standards are rules end up being followed when performing work to agree to a given objective. Hierarchical achievement relies significantly upon compelling correspondence. So as to successfully impart, it is important to follow a few standards and rules. Coming up next are rules to guarantee powerful correspondence: clearness: lucidity of data is a significant guideline of correspondence. For beneficiaries to know the message plainly, the messages ought to be sorted out in a basic language. To guarantee that beneficiaries can without much of a stretch comprehend the importance of the message, the sender needs to impart unmistakably and unhesitatingly so the beneficiary can plainly and unquestionably comprehend the data.>
