Proper Precedent Under International Law - 1679 Words

PROPER PRECEDENT UNDER INTERNATIONAL LAW I. INTRODUCTION â€Å"One precedent creates another and they soon accumulate and constitute law. What yesterday was a fact, today is doctrine (Junius).† The World Trade Organization looks at precedent to determine the outcome of similar disputes. Based on precedent, the United States - COOL Requirements holding is proper under the similar Clove Cigarettes dispute. Part II of this essay offers background information about GATT, the WTO and the TBT agreement. Part III provides information and facts about the Clove Cigarettes dispute. Part IV provides information and facts about the COOL Requirements dispute. These facts are then analyzed in part V and the essay is concluded in part VI. II. GATT, WTO, AND THE TBT AGREEMENT The General Agreement on Tariffs and Trade (â€Å"GATT†), created in 1947, is a multilateral treaty between many nations. The purpose of GATT 1947 was liberalization of trade. The structure of this treaty was that there would be ongoing negotiating rounds involving all parties, some of these rounds having specialized topics. Numerous side agreements came out of the negotiating rounds. During the Uruguay round, crucial agreements were made. Several treaties came out of the Uruguay round, the most important of which was the World Trade Organization (â€Å"WTO†). The World Trade Organization is essentially GATT 1947, the WTO text itself references back to the original treaty. The difference between the two being that the WTO createdShow MoreRelatedThe Australian Legal System Of Australia1527 Words   |  7 Pagesoriginal laws of the nation. The Australian legal system is mainly depend on statute and common law. Statutory Law is law made by parliament. This may be the Federal parliament or the parliament of a State or Territory and Common law is based on English common law in which the judge is acting as an umpire. 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