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LAWS 3208 TH Final - Carleton University LAWS 3208

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Final Take-Home Examination LAWS 3208A International Trade Regulation Professor Mohammad Hasan Carleton University 2 LAWS 3208 A Question 1 Environmental issues such as climate change cross ‘national boundaries’ and these issues impact all countries regardless of agreements. Since environmental issues cross national boundaries, it is important that countries work together to create organizations and agreements that address the issue of climate change and help protect the environment and citizens. It is only in the recent era that environmentalists have attempted to place ‘climate change’ on the agenda of international trade and regulation. It’s the objectives of environmentalists and activists that influence countries to enforce trade restrictions on other member states in order to protect the environment. Though the environment as an issue is not part of the WTO and GATT however, provisions such as Article 20 construct the policies and measures relating to the environment. WTO member states have also been given the autonomy to determine their own environmental goals and construct policies. In this case, the US believes that Mexico does not meet the minimum standards as per the legislation created. Though the US is not wrong in creating legislation that protects the environment, there are a few exceptions that analyse the case which can provide assistance Mexico in the deliberation of the case against the legislation. For this particular case of US and Mexico, it can be said that they are in violation of Article XI of the GATT that “prohibits the use of quotas or import or export licenses (quantitative restrictions) on the importation or exportation of goods into or out of any member state” (Trebilock, Howse, Eliason pg.32, Regulation of International Trade). Though it can be said that Mexico is being discriminated as a developing country and on the measures of being an ‘foreign importer’ in Article III of National Treatment. However, since the US is attempting to protect the environment through the WLFFPA legislation, they are not conducting any wrongfully treatment or discrimination towards Mexico. The GATT agreement also states that member states must not produce or enforce measures other quotas, import quotas and tariffs against foreign impo

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