BMA603: International Trade Dispute Case Analysis - Vim and Vitality

This assignment analyzes a case involving Vim and Vitality Co Ltd and its international trade dispute. The analysis covers relevant international trade regulations and practices, including non-disclosure agreements, Australia's trade policies, and GST implications. The case study examines the application of the WTO Code of Practice, technical barriers to trade, and the role of the WTO as a dispute resolution body. It also explores the legal principles applicable to the case, such as contract law, the CISG, and the liability of parties involved in the loss of goods during transit. The assignment references key legal frameworks like the CISG and the obligations of buyers and sellers, including the determination of price in international transactions. It also considers Incoterms, specifically EXW (Ex Works), to clarify the responsibilities of parties involved in the delivery of goods and the transfer of risk. The document provides a detailed analysis of the case, referencing relevant articles and regulations to support the conclusions.

International Trade Regulation and Practice

International trade and practice
relevance for business
Employees, contractor and other third parties required to
sign a non-discloser agreement with the owner of the
business.
Australia has adapted dual-column schedule listing
general preferential and duty rates for developing
countries that are Coding system and Harmonized
Commodity Description (Stern, 2009).
GST is being payable for most products and services
imported into the country except for some necessary
commodities.
Importers are needed to ensure that products are
entering Australia needs to be correctly labeled as it is an
offense of not labeling properly or false labels (Shaffer,
2014).

Australian importers and exporters
adopted relevant practices
Australian importers and exporters have adopted
the WTO Code of practice as Australia has a
policy of adopting international standards
(Sudirman, 2017).
Exporters and importers labels and marks for
indicating standards conformity that has to be
followed in Australia.
World Trade Organization’ members technical
barriers agreement are required to trade after
notifying as per the proposed technical
regulation and compliance assessment processes
that could affect the trade (Molina Tejeda, 2017).

Which court should Vim and Vitality
Co Ltd go?
Vim and Vitality Co Ltd should go to the
World Trade Organization as WTO is the
main international arbitrator of a trade
dispute.
It is a dispute settlement body makes ruling
on an agreement signed between the
members of states under the WTO
regulation (Trebilcock, 2016).

Decision/judgment be recognized in
another state
The Uruguay Round agreement made
impossible for the nation in losing a case
for blocking the adoption of ruling .
Japan is a member of WTO and has agreed
to use multilateral systems or settling
dispute instead of taking action unilaterally.

Which law is applied?
Vim and Vitality Co Ltd has delivered the
goods in an appropriate manner. According
to Section II, Article 35(1), the goods were
packaged properly as per the contract.
It is Qantas that is responsible for the loss of
Vim and Vitality Co Ltd and liable for paying
compensation.
The signs on the cartons clearly stating that
it needs to be protected from water, even
though they did not any step to protect it
(Trebilcock, Howse and Eliason, 2013).

References
Molina Tejeda, M. (2017). The Regulation of International Trade: The
GATT and the WTO Agreements on Trade in Goods, Volumes 1 and
2 by Petros C. Mavroidis Cambridge, MA: The MIT Press,
2016. World Trade Review, 16(04), pp.766-771.
Shaffer, G. (2014). How the World Trade Organization shapes
regulatory governance. Regulation & Governance, 9(1), pp.1-15.
Stern, R. (2009). Globalization and international trade policies. 4th
ed. Hackensack, NJ: World Scientific.
Sudirman, A. (2017). The World Trade Organization (WTO) Rules
and Regulation. Intermestic: Journal of International Studies, 2(1),
p.6.
Trebilcock, M. (2016). International trade regulation. 3rd ed.
[Toronto]: Faculty of Law, University of Toronto.
Trebilcock, M., Howse, R. and Eliason, A. (2013). The regulation of
international trade. 3rd ed. Abingdon, Oxon: Routledge.
