推 boo19900520 :已收入法律系 02/27 21:59
課程名稱︰WTO法律問題專題
課程性質︰法律系選修，財法組必修
課程教師︰羅昌發
開課學院：法學院
開課系所︰法律系
考試日期（年月日）︰2011年1月
考試時限（分鐘）：100分鐘
是否需發放獎勵金：是
（如未明確表示，則不予發放）
試題 :
Instructions:
1.It is preferred to write your answer in English.
2.Please identify as many issues as possible and make your analysis as
detailed as you can,citing proper WTO provisions.
3.You can bring any material you like.But computer is not allowed.
Problem:
Country A and Country B are both WTO members.
Country A recently enacted a legislation to prohibit importation,manufacturing
and distribution of DVDs with the content of serious violence or youngsters
smoking cigarette.It is stated in the legislative purpose of the law that the
prohibition of violent movies is for the religious reason and the prohibition
of showing youngster smoking in the movies is to protect the health of its
youngsters.Any local or imported movies in the DVDs having such contents will
be confiscated and destroyed.A high amount of fine will also be imposed on the
importers or sellers for importing or selling such products.
Country B has a very prosperous movie industry.It conseders that the new
legislation of Country A is in violation of various WTO rules and intends to
bring a conplaint against Country A.
You are a legal advisor to the government of Country B responible for
international trade matters and are asked to prepare a memo to assess and
analyze legal issues from WTO prospective to assist higher ranking officials
to make their final decision.Your analyses have to be based on relevant
provisions of the GATT 1994,theGATS ,and the TRIPS Agreement.
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