“Microbeads” are of increasing concern to governments and environmental groups worldwide.
Microbeads are smaller than 5 micrometres in size and are used as exfoliations in face scrubs, soaps,
toothpastes and other cosmetics, replacing natural ingredients such as walnut kernels. Scientists
estimate that there are around 300,000 microbeads in an average bottle of face scrub., these microbeads
enter oceans and waterways to be consumed by fish and other marine life. The beads cause internal
abrasions and impede an animal’s natural growth. The beads themselves contain toxins, but there is
some evidence that other harmful toxins present in water can adhere to the surface of the beads and are
consumed along with the beads. Consequently, there is concern that the beads will contaminate the food
chain.
Australian campaigns to regulate or ban these products have gained momentum. Most wastewater plants
in Australia are not able to filter out the beads and upgrading the facilities was quickly ruled out by the
government on account of the enormous financial cost. While the Australian government is already
working with companies towards a phase-out of microbeads by 2017, pressure is building on the
government to implement direct regulation immediately. However, one area of concern is how any
domestic regulations might be treated under WTO law. The government is considering amending import
regulations to i) require stricter labelling of imported products to include information that enables
officials to determine whether products contain microbeads, ii) requirement that the exporter or
importer of cosmetic products certify that the product does not contain microbeads and iii) ban on
products containing microbeads or where a customs official is not satisfied that a product contains
microbeads. The government is also considering imposing fines of $5,000 AUD and up to $20,000 per
shipment for failure to comply with labelling, certification requirements or importing or attempting to
import products containing microbeads.
Your assessment task requires you to consider the case for regulating micro-beads and discuss whether
the options being considered by the government are consistent with Australia’s obligations at the WTO.
In your response you should identify how best Australia can ensure its measures are consistent with its
WTO obligations. You should discuss any obligations under any WTO agreements (ie, beyond the GATT)
that you consider relevant.
Detailed Instructions
This task is designed to test your knowledge and understanding of relevant WTO law and your ability to
analyse the effectiveness of those laws and consider their broader policy implications. Here past
disputes, as reported or commented on in journals and text books, and the opinions of commentators on
WTO law, also to be found in journals and texts, will help deepen your understanding of relevant
provisions and the questions of policy you have been asked. This is a research task. Consequently, the
scope, relevance, quality and effective use of research carry significant weight in the marking criteria.
Research quality and relevant sources: The references provided by your lecturer and available via
moodle provide a good starting point, but you need to find your own relevant and quality sources.
Quality sources most obviously refer to refereed academic journal articles, but also include good quality
books and other publications. While there is an overabundance of information available on the internet,
treat these sources with care. Ask yourself whether the source is credible and authoritative.
BTF5919 Semester 1, 2016 International Trade Law
Effective use of research: Your essay should not simply describe or summarize the results of your
research. Rather you need to use the research effectively. For example, past disputes and secondary
sources may usefully explain how particular provisions are interpreted. Alternatively, a past dispute may
have raised questions regarding the relationship between WTO law and domestic regulation in your
policy area of interest.
Answer the question: Remember, your task is to address the task. Not to talk generally about the WTO,
microbeads, or international trade law. What is your answer to the question? Why? How do you support
your arguments?

Do you want your assignment written by the best essay experts? Then look no further. Our teams of experienced writers are on standby to deliver to you a quality written paper as per your specified instructions. Order now, and enjoy an amazing discount!!