University of the Philippines
COLLEGE OF LAW
Diliman, Quezon City
Contemporary Problems in International Law:
Preferential Trade Agreements
Prof. Marvic M.V.F. Leonen
Final Examinations
Instructions -- This is an open book examination which will be made available to the students at about 9:00 in the morning of March 23, 2009. Your answers must be emailed to uplawdean@gmail.com and marvic.leonen@mac.com (with the subject: Finals, [your last name and first name]) on or before 9:00 in the morning of March 24, 2009. Hard copies of your answers must be submitted on or before 9:30 in the morning of March 24, 2009 at the Office of the Dean of the College of Law.
Your answers should contain complete citations in footnote format. Any unattributed answer shall be considered as intellectual dishonesty. Discussing or giving any advice on any matter related to this examination with any person during the examination period shall also be considered as intellectual dishonesty.
Since this is a twenty-four hour examination, it is expected that your answers will reflect analysis that has the corresponding depth and breath. Truncated answers (those which do not meet required minimum number of words) as well as answers which substantially only contain “cut and paste” reflections of other authors will carry no weight. (Any answer that where at least 40% of its content is composed of quotations or non-original ideas shall be considered as not meeting this requirement.)
You should also submit a compilation of all your submissions for this course including your essays as well as the handouts for your class discussions. This should be collated in one CD and printed out.
Failure to make complete submissions on time will merit the student with a grade of 5.0 for the subject regardless of whether the student is a candidate for graduation.
Questions:
First Problem (at least 600 words):
Distinguish the following concepts: regionalization, free trade, free trade agreement, customs union, preferential trade agreement.
Second Problem:
Identify the approaches as well as the advantages and disadvantages of the approaches contained in the Japan Philippines Economic Partnership Agreement (JPEPA) in the following areas:
(a) Rules of Origin (at least 600 words);
(b) Restrictive Business Practices (at least 400 words);
(c) Compliance with article XXIV (5) (at least 400 words)
(d) Compliance with article XXIV (8) (at least 400 words)
(e) Investment Regulation (at least 600 words)
As much as possible, in discussing the relative merits of the approaches of JPEPA comparisons should be made to the current US, European and ASEAN practice.
Third Problem:
What should be the Philippine’s policy on preferential trade agreements? Explain. (at least 800 words)
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