University of the Philippines
COLLEGE OF LAW
Diliman, Quezon City
Special Problems in Commercial Law
(International Economic Law)
Prof. Marvic M.V.F. Leonen
Finals
October 22, 2009
Until October 23, 2009
12:00 noon
Instructions
This is a twenty four (24) hour take home examination. The student may consult any reference in their possession, in the library or in the internet.
The student must make the proper citations in cases where a material other than what was assigned in the course is consulted. In order to pass the final examination, there should be complete and credible answers. The final grade will depend on a showing of the depth of the analysis as well as a showing a broad understanding of the various aspects of International Economic Law. Answers with less than five (5) pages of reasoned argument will receive a failing mark.
The answers to this exam must be emailed on or before 12:00 noon of Thursday, October 23, 2009 (marvic.leonen@mac.com and uplawdean@gmail.com) with the following words in the subject line: “[Last name, First name] IEL Finals Answer Sheet”. A printed copy (on short bond paper using 12 pt fonts and single spaced) must also be filed with the College Secretary’s office. The printed submission and the student’s copy must have the date and time properly stamped by authorized personnel of the College Secretary’s office. The name of the student should be prominently printed on the upper right hand side of each printed sheet. Graduating students should indicate their status. The answer sheet should be properly paginated at the lower portion of each page.
A final grade of “5.0” shall summarily be given in cases of intellectual dishonesty. This includes plagiarism and any form of cheating. Any discussion on any matter related to this examination with any person (whether or not a classmate) during the period of the examination shall be considered cheating.
The professor shall not entertain any question during the duration of this exercise.
Problem
The new President of the Republic of the Philippines ran on a platform which included a very critical view of our membership in the World Trade Organization. Upon assuming office, and upon the advice of a portion of civil society, he is now at the verge of “disaffiliating” from the WTO.
You are the newly appointed Presidential Legal Counsel and he has asked you for a memorandum (of at least five pages) on this issue. Specifically, he asks you to respond to two questions. First, whether it is legally possible to “disaffiliate” from the WTO and the options for doing so. Second, he asks you whether it is advisable for the Philippines not to remain a member of the WTO.
The President informs you that he is expecting a straight textual or doctrinal reading for the first question. He also informs you that he has sought advise from the Director General of the NEDA, the Secretary of the Department of Finance and the UP President on the second question. He expects that your value added would be to explain to him some of the more salient provisions of the WTO in the context of other international obligations and relate this to economic, social, political and even cultural realities. He expects that you would be accurate and rigorous in your references to the law. In other words he does not want a political statement, an economic analysis or a rambling cultural argument from you.
Given these instructions, draft the memorandum to the new President. (For purposes of this exercise, you may put in the name of any of the current Presidential candidates if that is what you need to be inspired.)
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