Question
1. Country A bans the import of lobster from countries on a so-called X list. The X list comprises countries which country A considers not
1. Country A bans the import of lobster from countries on a so-called X list. The X list comprises countries which country A considers not to meet its sustainable lobster management criteria (SLMC). Country A prohibits the sale of lobster internally within Country A from lobster farms not managed in accordance with the SLMC. Assume there is no international treaty regulating lobsters and that Country A has advocated such a treaty but to no avail. Also assume that the SLMC are far more stringent than any existing international standards and that they have been strongly supported by both environmental non-government organizations but also by country As lobster industry as a way of excluding competition. Country B is a developing country on the X list wishing to export its lobster into country A. Country B argues that country As sustainable lobster criteria are an excuse for trade protectionism and has sought negotiations with country A on the issue without success. Required: a. Can country B challenge country As trade measures under the WTO rules? 2. Countries A and B are both WTO members. Country A has a strong organic free range egg industry but allows the production and sale of caged and non-organic chicken eggs. The egg industry in country A has publicly stated that it wishes to exclude competition in order to preserve jobs and has lobbied successfully the government of country A to place a prohibition on the import of eggs from caged and non-organic chicken from other countries. Country A has justified this ban - which goes beyond any international standard - by relying upon the expert opinion of Professor Eaglebottom who has proclaimed that eggs from caged and non-organic chicken have a one in 100,000 chance of producing cancer. Professor Eaglebottoms views have appeared in one peer reviewed journal but the vast majority of scientists in this field maintain that there is no health risk whatsoever from eating eggs from caged non-organic chicken. Country B wishes to export non-free range and non-organic eggs into country As egg market. Required: a. Can country B successfully challenge country As import ban under the WTO rules?
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