1) Which Articles of the GATT do you find it relevant necessary in recent times for our

country after the pandemic?

2) Why are tariff measures preferred over non-tariff measures in the trade in goods,
under the WTO?

Tariff measures are often chosen over non-tariff measures in World Trade
Organization (WTO) goods trade for various reasons. Tariffs, for example, are more
clear and predictable than non-tariff measures. Tariffs are explicit taxes or levies
placed on imported commodities, and their rates are often listed in the tariff
schedules of the country. Because of this transparency, exporters may better
understand the expenses involved and organize their trade plans appropriately. Non-
tariff measures, on the other hand, such as quotas or technical rules, can be more
complicated, variable, and discretionary in nature, making it harder for exporters to
predict and comply with these measures. Tariffs, as opposed to non-tariff measures,
are imposed consistently to all imported commodities from a certain nation or
product category. This guarantees that exporters have a fair playing field and that
there is no discrimination amongst trading partners.
Non-tariff measures, on the other hand, might be more discriminatory in
character since they can be implemented selectively or targeted to benefit domestic
sectors, thus causing trade distortions. Finally, tariffs are frequently the topic of
negotiation and market access debates inside international trade treaties. nations
can get better market access for their products in other nations by concentrating on
tariff reduction or abolition. Non-tariff measures can be more complex and
challenging to negotiate since they frequently entail technical, regulatory, and
domestic policy factors that are more difficult to harmonize or align.
However, while tariffs may be favored over non-tariff measures in some cases,
the WTO acknowledges the necessity of resolving both tariff and non-tariff trade
obstacles. The World Trade Organization (WTO) agreements, including the General
Agreement on Tariffs and Trade (GATT), cover both tariff and non-tariff measures,
with the goal of promoting the reduction and elimination of barriers to international
trade in goods while allowing members to implement legitimate trade-related
policies and safeguard measures as specified in the agreements.
3) Why does the WTO need a separate Agreement on Agriculture?
Agriculture is economically, socially, and politically significant in many
countries. It has an impact on food security, rural development, livelihoods, and
poverty alleviation. The WTO recognizes the special demands and sensitivities
 involved with agriculture commerce by establishing a separate agreement and
attempts to provide a comprehensive framework for addressing agricultural
challenges. To address the specific problems and complexity of agricultural
commerce, the World commerce Organization (WTO) formed a separate Agriculture
Agreement. Agriculture is a key industry with unique features, and the Agreement on
Agriculture was established to offer a framework for global agriculture trade
liberalization and regulation.

4) How may SPS measures and TBT measures be distinguished?

SPS (Sanitary and Phytosanitary measures) and TBT (Technical Barriers to
commerce) rules are two unique types of regulations used in international
commerce. While both attempt to safeguard human, animal, or plant life and health,
their focus and scope differ. SPS measures are primarily concerned with safeguarding
human, animal, and plant life and health against pests, illnesses, and pollutants. They
address issues related to food safety, animal health, and plant health. SPS measures
are concerned with product biology and attempt to guarantee that imported goods
do not introduce dangerous organisms or chemicals into a nation. SPS strategies are
tailored to the risks posed by pests, illnesses, and pollutants that may harm human,
animal, or plant health.
Technical rules, product standards, and conformity assessment processes are
the focus of TBT measures. They are intended to ensure product quality, safety, and
performance, as well as to safeguard the environment and customers. TBT measures
include labeling, packaging, testing, certification, and product specifications, among
other technical needs and standards. TBT measures extend beyond health and safety
to include a broader variety of technical laws and requirements. They address
product qualities, manufacturing techniques, labeling regulations, environmental
protection standards, consumer information, and other technical criteria that may
have an impact on commerce. In essence, SPS measures safeguard human, animal,
and plant health against pests, illnesses, and pollutants, whereas TBT measures
include a larger variety of technical laws and standards.
5) Why is anti-dumping, countervailing and safeguard measures needed? Are they
contrary to the WTO's basic principles in terms of the trade liberalization?

The goal of anti-dumping laws is to maintain fair competition and protect

domestic industries. Countries can mitigate the detrimental impact of predatory
pricing and ensure a fair playing field for domestic producers by enforcing such
regulations. However, the World Trade Organization mandates that anti-dumping
measures be used only when certain circumstances are satisfied and investigations
be carried out in line with established rules and procedures.
 While the World Trade Organization usually prohibits the use of trade-
distorting subsidies, countervailing measures provide a method for mitigating the
harm caused by such subsidies. They let the importing country to levy additional
tariffs or levies in order to offset the unfair competitive advantage provided by the
subsidies. Because they include the temporary application of limitations, safeguard
measures are considered exceptions to the concept of free commerce. The World
Trade Organization permits its use in certain circumstances, such as when there is a
considerable rise in imports that threatens to seriously affect a domestic industry.
Although these trade remedies seem to deviate from the ideal of trade
liberalization, they are regarded as important to balance domestic sectors' interests
and avoid unfair competition. The standards controlling these measures established
by the WTO ensure that they are utilized responsibly and do not become a weapon
for protectionism or arbitrary trade restrictions. The goal is to balance the benefits of
free trade with the need to remedy specific trade distortions and preserve domestic
industry.

6) Why does the WTO not have a comprehensive investment agreement?

The World Trade Organization (WTO) lacks a comprehensive investment
agreement due to major hurdles in investment discussions and divergent opinions
among member nations. Investment concerns include property rights, intellectual
property, labor rights, environmental restrictions, and dispute resolution processes.
Negotiating investment regulations will require broadening the WTO's mandate and
addressing the intricacies and sensitivities involved with investment concerns.

7) Is it possible to derogate to MFN according to GATS? Explain the implications of

MFN on the scheduling of commitment in services.
Under certain conditions, the General Agreement on Trade in Services (GATS)
allows for a deviation from the Most-Favored Nation (MFN) concept. One of the
main concepts of the GATS is the MFN principle, which states that any advantage,
favor, privilege, or protection offered by a member nation to one trade partner must
be extended to all other WTO members. However, as noted in Article II of the
agreement, the GATS provides for exceptions to MFN treatment in certain
circumstances. MFN treatment, for example, might be waived if nations join customs
 unions or free trade zones and give preferential treatment to each other's services
and service suppliers.
Furthermore, when member nations join into regional trade agreements
(RTAs) or regional integration agreements including the liberalization of services
trade. The MFN concept has important consequences for the scheduling of GATS
obligations in services. When a member country publishes its services schedule, it is
required to grant MFN treatment to all other WTO members in the sectors and
modes of supply that it decides to liberalize.
This means that any concessions or market access granted to one WTO
member must be provided without discrimination to all other WTO members.
Implications include equal treatment of all WTO members in the liberalization of
services trade, increased market access opportunities for all WTO members, such as
reduced barriers, and ensuring fairness in avoiding trade distortions and unfair
practices by guaranteeing any concessions or preferences given to one member are
extended to all other members.

8) Why is the TRIPS Agreement regarded as one of the most important pillars of WTO
law?

The TRIPS Agreement is the first global agreement that establishes minimum
standards for the protection and enforcement of various forms of intellectual
property rights, such as patents, trademarks, copyrights, industrial designs, and trade
secrets. The TRIPS Agreement acknowledges the economic and commercial value of
intellectual property, as well as its role in supporting innovation, creativity, and
technological development, by incorporating IP into the international trade system. It
establishes a set of baseline requirements for intellectual property protection and
enforcement that all WTO members must follow.
TRIPS also strikes a balance between preserving intellectual property rights
and supporting public policy objectives. Moreover, it emphasizes the significance of
finding a balance between IP rights holders' interests and larger societal interests
such as public health, access to medicines, food security, education, and cultural
diversity. The TRIPS Agreement includes strong measures for enforcing intellectual
property rights. It requires member nations to have strong legal remedies and
enforcement mechanisms in place, including civil and criminal proceedings, to
combat counterfeiting, piracy, and other intellectual property violations.
acknowledges the significance of encouraging growth and the development of
technological capabilities in developing nations.
In general, the TRIPS Agreement is regarded as a critical pillar of WTO law
because it defines global standards for intellectual property rights protection and
 enforcement, aligns IP regimes, balances IP protection with public policy objectives,
ensures robust enforcement mechanisms, provides a dispute resolution mechanism,
and emphasizes the link between IP and development. It shows the understanding of
intellectual property's economic, social, and cultural importance in the global trade
system.

9) Why is it assumed that the TRIPS Agreement is the most comprehensive multilateral
agreement on IPRs to date?
The TRIPS Agreement encompasses a wide variety of intellectual property
rights, such as patents, trademarks, copyrights, industrial designs, and trade secrets.
It establishes baseline requirements that all WTO members must follow in order to
provide a comprehensive framework for the protection and enforcement of
fundamental rights. The TRIPS Agreement provides a comprehensive and holistic
approach to intellectual property protection by addressing numerous kinds of IPRs. It
incorporates intellectual property into the international trading framework.
The TRIPS Agreement recognizes the economic relevance of intellectual
property rights and their role in promoting trade and investment by bringing them
within the scope of the WTO. It connects the intellectual property to international
commerce by stressing the influence of IPRs on market access, technological transfer,
and the movement of commodities and services.

10) What are the trade-related aspects of IPRs in the TRIPS Agreement?
Protection Standards: The TRIPS Agreement establishes basic standards of protection
and enforcement for several types of intellectual property, such as patents,
trademarks, copyrights, industrial designs, and trade secrets. It defines the eligibility
and extent of patentable subject matter, the rights and duties of holders of copyright
and associated rights, and the protection of distinguishing indications in the form of
trademarks.
National Treatment: The TRIPS Agreement mandates WTO member nations to
provide international IPR holders with national treatment. This means that
international IP rights holders must be treated equally with local rights holders, with
no discrimination in the granting and preservation of IPRs.

Most-Favored-Nation (MFN) Treatment: The TRIPS Agreement also incorporates the

MFN treatment concept, which compels WTO member nations to treat IP rights
holders from all other member countries the same way they treat IP rights holders
from their own or any other country. This concept eliminates discrimination among
 commercial partners and assures fair treatment for holders of intellectual property
rights.
Flexibilities and Public Policy Considerations: The TRIPS Agreement acknowledges
several flexibilities that allow member nations to implement IPR protection in
accordance with their national priorities, public health concerns, and other public
policy goals. Among these flexibilities are rules for compulsory licensing, the use of
intellectual property for non-commercial public purposes, and the safeguarding of
traditional knowledge.

The World Trade Organization (WTO) lacks a comprehensive investment agreement largely due to major
hurdles in investment discussions and divergent opinions among member nations. When it comes to
investment, member nations have a wide range of interests and goals. Developing nations frequently
emphasize soliciting FDI for economic growth, whereas industrialized countries may want to defend the
rights of its investors overseas. Bridging these conflicting interests and reaching an agreement on
investment guidelines has been difficult.

Property rights, intellectual property, labor rights, environmental restrictions, and dispute resolution
processes are all part of the investment process. Because these concerns frequently include domestic
laws and regulations, developing globally acceptable norms within the WTO framework is challenging.
With accords such as the General Agreement on Tariffs and Trade (GATT) and the General Agreement on
Trade in Services (GATS), the WTO has principally focused on trade in goods and services.

Negotiating investment regulations will need broadening the WTO's mandate as well as addressing the
intricacies and sensitivities involved with investment concerns. In overall, the absence of a
comprehensive investment agreement within the WTO is due to difficulties in aligning diverse national
interests, the complexity of the issues involved, the presence of existing bilateral agreements, differing
perspectives on dispute settlement mechanisms, and the organization's historical focus on trade in
goods and services. While investment concerns are still being debated inside the WTO, achieving an
agreement on a comprehensive investment agreement has proven to be a difficult undertaking.