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Brazil and China Issue

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Submitted By AShridhar
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Legal Aspects Of International Trade
Non-tariff Barriers to International Trade
#0735817

1. In the Xia case, if the WTO were to rule in favor of Brazil, which of the WTO trade agreements would contain the justification and why?
According to the case, because of the some unofficial speculations of using hazardous material in Xia's goods, that are manufactured in China, Brazil banned them to be imported to their country, until further investigation and tests, that were being performed to examine the health risks. Because of fear of other countries negligence and ban on the Chinese product, country took this issue in the WTO to be resolved.
For ruling the issue or justification towards Brazil WTO will use Technical Barriers of Trade Agreement, as this agreement intends to the technical regulations and standards to meet up with required assessment as the procedures of conformity do not unnecessarily act as the barrier in international trade. This agreement recognize that the members are not breaching the regulatory objectives which can harm national security, life of animals and humans and environment.
Reasons for this trade agreement:- * Technical Regulations:- Product has to meet the requirements that have been set up, under which all the documents need to be provided where all the product characteristics have been mentioned along with terminology, marking packaging and all other aspects which applies to the production method, and as per the unconfirmed report of using cheap rubber and paint, it does not meet up the conditions to be imported in another country. * Standard:- Product has to fit with the standards that require it to be use it on regular basis and with repeated use without any effect on the environment or anyone using that good. But according to the complaint the Xia product's could have effect the human life or animal life and even

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