Question
You are general counsel to Waller International Networks (WIN) a privately-held multinational corporation based in Toronto, Canada. The founder and sole shareholder of WIN has
You are general counsel to Waller International Networks ("WIN") a privately-held multinational corporation based in Toronto, Canada. The founder and sole shareholder of WIN has a background in genetic engineering and has developed a number of genetically modified organisms ("GMOs") in foodstuffs. The most promising from a marketing standpoint is a series of frozen vegetarian entries that taste like steak because they have certain cattle genes spliced into the soy bean DNA used in the tofu based entrees. WIN is also working on a line of frozen GMO sea turtle ravioli in dolphin sauce.
Recently WIN has learned that France has banned the sale of all GMOs, and the WIN product line in particular, because of the national outcry against the health and safety concerns posed by GMOs, concerns about the environment, and because WIN products are "an affront to French culture and cuisine."
The chairman of WIN has contacted you as what remedies exist under WTO law to punish the French government. In addition, he has asked you to address the procedures by which the company and/or the Canadian government can take action against France, the likelihood of prevailing, and if successful, the likelihood of achieving any remedy helpful to WIN.
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