Critically examine the potential liabilities arising from the imposition of tariffs on Chinese goods under the GATT 1994 / WTO rules, considering the US recognised China as one of its MFN (Most-Favoured Nation) trading nation.

ASSIGNMENT QUESTION
Please read the following statement:
The US has imposed fresh tariffs on $112bn (92 bn) of Chinese imported goods such as
shoes, nappies and food. The move is the first phase of US President Donald Trumps latest
plan to place 15% duties on $300bn of Chinese imports by the end of the year.
In response, Beijing introduced tariffs on US crude oil, the first time fuel has been targeted. If
fully imposed, Mr Trumps programme would mean that nearly all Chinese imports worth
about $550bn would be subject to punitive tariffs.
What was initially a dispute over Chinas allegedly unfair trade practices is increasingly seen
as a geopolitical power struggle.
Extract from the BBC (British Broadcasting Corporation) titled, Trade War: US hits China
with new wave of tariffs: 1st September 2019 (Available at:
https://www.bbc.co.uk/news/business-49505781)
Required:
Critically examine the potential liabilities arising from the imposition of tariffs on Chinese
goods under the GATT 1994 / WTO rules, considering the US recognised China as one of its
MFN (Most-Favoured Nation) trading nation. You are also required to analyse whether the
imposition of tariffs on all Chinese imports or goods is fair within the context of dumping due
to unfair trading practices practiced by China.
(100 marks)

ASSESSMENT CRITERIA
Students are therefore expected to exhibit the following:
– Knowledge and understanding of the MFN and imposition of trade barriers to a WTO
member state.
– Application of the law to the issues presented
– Ability to articulate a convincing argument which draws on a good range of primary
and secondary sources
– Demonstrate depth of research and an ability to source appropriate materials
pertinent to the assignment
– Correct grammar, presentation and referencing

ASSESSMENT GUIDANCE (1,000 words essay)
a. In terms of structure you need to provide a proper introduction, contents and
conclusion as part of your answer. Your ability to achieve good grades may be
affected if you failed to include a paragraph on introduction and conclusion.
b. Your answer must not be descriptive (ie: providing a purely descriptive account of the
WTO dispute settlement processes) and effort must be taken to relate it to the
statement. It is imperative that the purpose of the assignment is not to write all you
know about the topic / subject area as it may affect your ability in achieving good
grades. Therefore, please ensure you have precise understanding of the
requirements for this essay question
c. Discuss the relevant case laws and statute where appropriate. Please ensure the
name of the cases are quoted in full. For example, Salomon v Salomon and
Company.
d. You may wish to use the IRAC formula in forming your discussions. I IDENTIFY
the issue; R Explain the RULES surrounding the relevant area / issue; A
APPLY cases to support and APPLY relevant legal principles to the issue(s); C
CONCLUSION to the issue. This can be used repeatedly in addressing the issues for
this essay question.
e. Ensure that the essay is well-presented, referenced using Harvard and that it
includes a Harvard reference list at the end. Please observe good academic practice
as well Do not use abbreviations such as eg, ie or simplify words such as
because to bcos or and to &. Please use upper and lower cases appropriately.
Please use proper paragraphing / paraphrasing, and do not use and / or quote your
lecturers name as means in illustrating examples in support of the legal principles.