| 申論題 | Important Note: All of the following questions must be answered in English.
Otherwise no grade will be given.(所有題目請以英文作答:中文作答不予計分)
Question 1 (50%)
Country A is a developing country WTO member. Country B is a developed country WTO member. Country K is a least developed country WTO member. Country A and Country B, as well as Country A and Country K, are neighboring countries. Country B and Country K are not neighboring countries and do not share a border. The most convenient and efficient way for cargo transit from Country B to Country K (and other important destinations for the export of Country B) is through road and railway transport via the territory of Country A. Please analyze the following measures adopted by Country A in light of WTO Law. 【題組】 (1) Measure 1 Starting from a new government of Country B took office in 201s, the relations between Country A and Country B has been seriously dcteriorating. These two countries have been in military tension since 2016, with sporadic armed conflicts at the border from time to time, Given the gravity of the situation, Country B imposed econo omic sanctions against Country A in 2017. Sanctions include restricting Country B's export of certain equipment for Country A, which is primarily used for the technology industry under development. In response, Country A imposed an import ban on certain food products from Country B in 2018 (Measure 1: the import ban). The food products subject to the import ban account for more than half of Country B's agricultural exports. (25%) |
| 申論題 | 【題組】(2) Measure 2 Country A further imposed its product-specific transit ban on food products covered by Measure 1 (hereinafter the food products) in 2019. Specifically, Country A banned the food products' transit via road and rail within the teritory of Country A coming from Country B and going to any other WTO Members (including Country K) (Measure 2: the transit ban). The food products constitute essential foodstuffs on which Country K heavily depends. Measure 2 has seriously disrupted Country B's export of agricultural products, and dramatically increased the price of foodstuffs in Country K. (25%) |
| 申論題 | Question 2 (50%)
The COVID-19 pandemic has significantly impacted public health, social and economic activities globally. Members of the WTO have taken various trade measures in response to the pandemic. Please analyze the COVID-related measures below from the perspective of the WTO. 【題組】 (1) Some countries adopt restrictive measures. For instance, border control, travel ban, export restrictions on medical supplies or food. (25%) |
| 申論題 | 【題組】(2) Some countries apply import liberalization measures. For instance, suspending anti-dumping duties on plastic syringes or eliminate customs duties on medicines and medical equipment. (10%) |
| 申論題 | 【題組】(3) In order to facilitate access to medicines and vaccines in developing countries, some countries propose that WTO Members waive copyright, industrial designs, patents and undisclosed information related to COVID-19 medicines, vaccines, diagnostics and other technologies. (15%) |
| 申論題 | 一、為因應新冠肺炎,各國以及各藥廠均加緊疫苗的研發,為了確保疫苗可以為更多人所取得,印度等 WTO會員於TRIPS理事會中提案,建議總理事會應
就會員為了COVID-19的预防、控制、或治療,於一定的期間內豁免履行TRIPS協定下的某些義務,包括專利保護的義務此外,也有會員打算就COVIP-19相關技術(例如疫苗、藥物、診斷等)實施強制授權。請問: 【題組】(一) WTO下有關豁免的規定為何?(5%) |
| 申論題 | 【題組】(二)TRIPS 協定針對強制授權的規 定為何?(20%) |
| 申論題 | 二、於2020年上半年,許多 WTO員為了因應新冠肺炎,針對各類醫療與個人防護用品纷纷採取出口管制措施,包括出口關稅、出口限制或出口配額。請問此類措施於WTO下的法性?(20% |
| 申論題 | 三、WTO规則中允許會員就其認為重要的公共政策訂定相關規範,但此類规範需具有必要性,請比較「必要性」以及相似的概念(not more trade-restrictive than necessary, not more trade-restrictive than required)於GATT、TBT 協定、以及SPS協定下的異同(20%) |
| 申論題 | 四、WTO上訴機構的最後一位成員任期於2020年11月30日到期,請問此一狀況對WTO的争端解決機制帶來哪些影響?(10%)WTO會員試圖採取哪些方式來面對WTO無上訴機構成員的困境?試舉出兩類因應方式(15%)。 |
| 申論題 | 五、請試譯以下條文(10%
1. In examining the matter referred to in paragraph 5: 【題組】 (i) in its assessment of the facts of the matter, the panel shall determine whether the authorities' establishment of the facts was proper and whether their evaluation of those facts was unbiased and objective. If the establishment of the facts was proper and the evaluation was unbiased and objective, even though the panel might have reached a different conclusion, the evaluation shall not be overturned; |
| 申論題 | 【題組】(ii) the panel shall interpret the relevant provisions of the Agreement in accordance with customary rules of interpretation of public international law. Where the panel finds that a relevant provision of the Agreement admits of more than one permissible interpretation, the panel shall find the authorities' measure to be in conformity with the Agreement if it rests upon one of those permissible interpretations. (5%) |
| 申論題 | 2. The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution. (5%) |