This Paper has 31 answerable questions with 0 answered.
| Roll No………… | |
| Time allowed : 3 hours | Maximum marks : 100 |
| Total number of questions : 8 | Total number of printed pages : 3 |
| NOTE: Answer SIX questions including Question No.1 which is compulsory. |
| Marks |
| 1. | (i) | "Regional trading arrangements are a derogation from the multilateral principles of the World Trade Organisation." Comment. | 4each | (0) | |||
| (ii) | What are the limitations in respect of areas to which retaliation under dispute settlement can be taken ? | (0) | |||||
| (iii) | What are plurilateral agreements ? How do they differ from multilateral agreements ? Give two examples for each of these agreements. | (0) | |||||
| (iv) | Discuss the economic arguments for government intervention in formulating trade policies. | (0) | |||||
| (v) | Developed countries plead for abolition of subsidies. Is their stand consistent with their practices ? | (0) | |||||
| 2. | (a) | Under the advance licence scheme, the Government of India provides exemption from customs duties on all inputs that are required for the manufacture and export of a particular product. Does this constitute a subsidy ? Discuss. | 4each | (0) | |||
| (b) | What are the operational issues which need to be dealt with properly by the parties while negotiating a joint-venture agreement ? | (0) | |||||
| (c) | Detail the clauses of restrictive practices generally observed in the foreign collaboration and technology transfer agreements. | (0) | |||||
| (d) | "International commercial arbitration suffers from several limitations in examining the role of commercial norms in resolving commercial disputes." Examine. | (0) | |||||
| 3. | (a) | There is no copyright on ideas, howsoever original or brilliant in information. What copyright protects is not the raw material from which the work is created, but the skill and the labour employed by the author in the creation of the work. Discuss. | 4each | (0) | |||
| (b) | What can be patented ? | (0) | |||||
| (c) | What is the import policy relating to import of second-hand goods including second-hand capital goods ? | (0) | |||||
| (d) | How can competition be measured ? | (0) | |||||
| 4. | (a) | What is meant by the central concept of nullification or impairment ? | 4each | (0) | |||
| (b) | Who can take part in consultations under the dispute settlement mechanism ? | (0) | |||||
| (c) | How does the Dispute Settlement Body deal with the cases where complaint has been made in the same matter by more than one member ? | (0) | |||||
| (d) | Highlight the key features and implications of ‘agreement on agriculture’ for developing countries. What are India’s concerns in respect of it ? | (0) | |||||
| 5. | (a) | "The principle of ‘national treatment’ is the essence of WTO agreement. Therefore, charging customs duty on import by a member nation is a violation of the fundamental principle of national treatment." Comment. | 4each | (0) | |||
| (b) | "WTO’s agreement on trade related aspects of intellectual property rights is an attempt to narrow the gaps and bring them under common international rules." Comment. | (0) | |||||
| (c) | Distinguish between ‘GATT’ and ‘GATS’. | (0) | |||||
| (d) | Explain the pre–requisites for patentability under the TRIPS agreement. | (0) | |||||
| 6. | (a) | "Following the phase–out of quotas under the Multi–Fibre Arrangement (MFA) with effect from 1st January, 2005, international trade in textiles and clothing would be free." Discuss its impact. | 4each | (0) | |||
| (b) | "Economic union can be trade creating and/or trade diverting." Justify the statement. | (0) | |||||
| (c) | "India would gain significant economic benefits by joining ASEAN." Discuss. | (0) | |||||
| (d) | Explain the achievements of ESCAP. | (0) | |||||
| 7. | (a) | What is ‘dumping’? Detail the impact of likely dumping by China and East Asian countries on Indian industry and agriculture. | 4 | (0) | |||
| (b) | "It is not that the dumping is resorted at a price lower than the price at home market, it is resorted even at the price lower than its cost of production." Examine the statement. | 6 | (0) | ||||
| (c) | Explain with illustration three factors that may affect fair comparison of normal value and export price. | 6 | (0) | ||||
| 8. | (a) | What is an international commercial arbitration ? | 4 | (0) | |||
| (b) | What are the grounds on which an arbitral award may be set aside and by whom? | 6 | (0) | ||||
| (c) | An international commercial contract dated 1st January, 1994 between a foreign company and an Indian company provides for reference of any dispute to arbitration to be held at Paris. The foreign company served notices dated 1st December, 1995 and 1st January, 1996 raising a claim of Rs.6 crore as damagees for breach of a contract against the Indian company. There was no response to the demands and hence, a request for reference to arbitration was served on 1st August, 1996. Before commencement of the arbitration proceedings, the foreign company filed a suit in the Indian court for attachment of immovable property of the Indian company as interim measures under section 9 of the Arbitration and Conciliation Act, 1996. As a Company Secretary of the Indian company, prepare a brief note indicating the points of defense against the interim measures sought. | 6 | (0) | ||||
