Advise on potential legal avenues for greenchicken

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Reference no: EM133871754 , Length: word count:2500

Legal Aspects of International Trade and Enterprise

You are required to work in a group of four (4) students. For details on how to form or change groups, refer to the "Forming and Changing Groups" section located in the "Group Assignment Information" folder on Blackboard.

PART A:
GOPistan and Greenistan are members of the UN and have been allies for many years. They share a Free Trade Agreement which both countries signed and adopted in 1985. Both States have abided by this agreement since, maintaining free and friendly trade relations during this time.

In 2024, GOPIstan has elected a new government who see the Free Trade Agreement as a hindrance to their intentions to make their trade arrangements more profitable. They have unilaterally overturned the Free Trade Agreement and have begun to apply tariffs of 35% on agricultural and manufactured goods imported from Greenistan. Get online assignment help in the USA!

PART B:
GreenChicken Ltd is a resident company in Greenistan. They have recently set up a large processing plant solely to supply chicken meat for GOPistan. They had relied on the Free Trade Agreement with GOPistan in their planning. They now stand to make a large loss as their chicken meat will be subject to the new tariff.

REQUIRED: As their legal representative, Greenistan seeks your advice on actions they could take to address the impact of these decisions.
You should:

Assess the purpose and operation of a Free Trade Agreement
Analyse the purpose and operations of ‘tariffs' as applied by GOPistan
Evaluate how Greenistan could challenge the decision of GOPista to impose the tariffs when the Free Trade Agreement is still in place.
Advise on potential legal avenues for GreenChicken Ltd to seek compensation for these new arrangements.

Assignment Structure

Cover Page
Introduction (Approx. 150-200 words)
Brief overview of the scenario (FTA between GOPistan and B)
Importance of Free Trade Agreements in international business
Purpose of the report: to provide legal analysis and advice to Greenistan
Brief mention of the key issues to be addressed

Analysis Sections (Approx. 550-650 words for each section)
Free Trade Agreement - Purpose and Operation
Definition of a Free Trade Agreement (FTA)
Objectives and common legal features of FTAs
Legal significance of bilateral FTAs
Reference to 1995 FTA between GOPistan and B
Relevant case law or treaties (optional)

Tariffs - Purpose and Application by GOPistan
Definition of tariffs and their types
Economic and legal purpose of imposing tariffs
Tariffs under international trade law (e.g., WTO context)
Analysis of GOPistan's new 35% tariffs
Legal implications of unilateral withdrawal from FTA

Legal Challenge - Actions by Greenistan
Legal options under the FTA (dispute resolution mechanisms, notice period)
Possible remedies under WTO (e.g., Dispute Settlement Body)
Breach of international obligations
Relevant precedents (if any)
Likely outcomes and legal strength of Greenistan's position

Compensation - Options for GreenChicken Ltd
Concept of investor protection under FTAs or BITs (Bilateral Investment Treaties)
Grounds for compensation (reliance loss, legitimate expectations, etc.)
Legal challenges and processes (e.g., arbitration)
Practical limitations or barriers

Conclusion (Approx. 150-200 words)
Summarise key findings
Restate Greenistan's potential legal responses
Final advice or recommendations

Reference no: EM133871754

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