Question
Question2. For purposes of this question 2, imagine that the Rule has been found by aWTO Panel to violate the GATT, and not to be
Question2. For purposes of this question 2, imagine that the Rule has been found by aWTO Panel to violate the GATT, and not to be justified under another provision of theGATT. You are the leading international trade law expert at your firm. Country A privately concedes to you that theRule and its implementation had some flaws that made it difficult for the Rule to survive a justification analysis under the GATT.Nevertheless, Country A believes its objectives of reducing deplorable working conditions for the workers involved in making luxury luggage are so worthy, it is willing to risk violating the key rules of the GATT. What Country A wants to do is to revise theRule and its implementation enough for it to be likely to be upheld (as so revised) as justified under the GATT.Country A asks for your help.In your answer:
a) be sure to identify the relevant justification provision of the GATT you recommend that Country A seek to rely on;
b)discuss the legal analysis approach to that provision which has emerged from relevant case law considering the application of that provision(including analogous case law, if 10you deem it appropriate);and
c) recommend sufficient changes to theRule and how it is implemented by Country A, so that Country A can be reasonably confident its revised Rule and implementation would be upheld by a future WTO Panel as justified under the GATT provision referred to in your answer.Make sure to support your answer with a careful analysis of the facts in light of the relevant GATT rules and related legal principles.
All relevant information is provided.
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