CS Final :: World Trade Organisation-International Trade, Joint Ventures & Foreign Collaboration : December 2005

"Geographic proximity is not an important reason for economic integration." Comment.

What do you mean by 'special and differential treatment' (S&DT)? Briefly explain its significance in WTO.

An exporter in Country-E exports an item at a price of US $1,500 per metric ton, CIF to an importer in Country-I. The payment term is 180 days. The same exporter sells the same item at US $1,500 per metric ton, free delivery to his buyer in the domestic market. The payment term is 120 days. Identify four factors that affect the comparison of the two prices in determining whether there is dumping.

The normal value of a product at the ex-works level is Rs. 5,000 and its export price at ex-works level is also Rs. 5,000. The cost of production including selling, general and administrative costs is Rs. 5,500. Does it amount to dumping? Why?

What do you understand by the terms ‘de minimis dumping margin' and 'de minimis volume'?

Can a company in an advanced stage of setting-up its production facilities seek dumping action? Discuss only in the context of injury.

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"Biopiracy and patenting of indigenous knowledge is a double theft because firstly it allows theft of creativity and innovation, and secondly, the exclusive rights established by patents on stolen knowledge steals economic options of everyday survival." Comment on the statement and give illustrations.

How have 'trade secrets' been defined in TRIPs and how it is different from the concept of 'undisclosed information' as per the Paris Convention?

"The defendant Abhijit failed to appoint an arbitrator and the plaintiff Baljit sought the appointment of an arbitrator by the court on behalf of the defendant pursuant to article 11(4)(a) of UNCITRAL model law of arbitration. One day before the hearing, Abhijit indicated his willingness to consent to the appointment of an arbitrator by the court provided that each party would bear its share of the costs of the proceedings. Baljit, who had some difficulty in getting the matter before the court because of problems concerning service of documents, rejected Abhijit's offer and asked the court to appoint an arbitrator and order Abhijit to pay for the costs of the proceedings." Decide the dispute as per the UNCITRAL model law of International Commercial Arbitration.

Country-X won a dispute against Country-Y in WTO's Dispute Settlement Body (DSB). However, Country-Y refuses to comply with the decision of WTO's DSB. What recourse is available to Country-X?

Country—A loses a case to Country—B in the Dispute Settlement Body (DSB) of the WTO on the issue of agreement on subsidies and countervailing measures (ASCM). The DSB of the WTO asks Country-A to comply with its ruling within a ‘reasonable time period’. What is meant by the term 'reasonable time period' and how is this time period computed?

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What is meant by 'predatory pricing'? How does the new Indian competition law propose to deal with the issue of predatory pricing?

State, giving brief reasons, whether the following constitute 'subsidy' under the agreement on subsidies and countervailing measures (ASCM):

(i)	The Government of India reduces the corporate tax to 25%. Would it make any difference in your answer if the reduction in corporate tax was applicable only to export profits?
(ii)	Government Service Investment Corporation (GSIC), a quasi-public corporation owned by the Singapore government, buys 100 million Singapore dollars worth of stock in Singapore Airlines @ 5 Singapore dollars per share. On the Singapore Stock Exchange, Singapore Airlines stock trades at 4.85 Singapore dollars per share.
(iii)	The Government of India levies an excise duty of 16% on certain articles. However, it exempts companies that export the said articles from the excise duty.
(iv)	The Thai Government provides a tax credit to companies that produce construction materials. In practice, the subsidy is used only by Thai ceramic tile producers that export their products. The Thai Government has denied applications for the tax credit from other types of companies.