This activity is within the course of the Dispute Settlement in International Trade and is also one of the regular activities built up by Faculty of Law - FTU in order to provide students the opportunity to put the law into practice in the process of dispute settlement in many different tribunals.
The simulated hearing appreciated the precious participation of experienced experts in the field of dispute settlement in international trade who played the important roles of Members of the Appellate Body in the dispute China – Raw Materials (US, Mexico, EU). They are: Mr. Le Sy Giang, MA., Director of GH Consults, Head of Legal Framework and Institution Department of Governance for Comprehensive Progress Project; Ms. Nguyen Thi Nhung, MA., Expert of International Law Department, Ministry of Justice, along with lecturers from Faculty of Law – FTU (Mr. Nguyen Ngoc Ha and Ms. Vu Kim Ngan). The moot also welcomed the participation of the guests: Dr. Nguyen Minh Hang – Dean of Faculty of Law – FTU, Dr. Vo Sy Manh – Director of Center for Quality Assurance – FTU, lecturers from Faculty of Law – FTU and students from International Trade Law Class 52.
The simulated hearing was adapted from an actual dispute settled under WTO dispute settlement system which occurred between China (the Appellant); Mexico, United States of America (“US”), European Union (“EU”) (the Appellees) with the participation of Japan, Turkey, Colombia, Canada and Brazil as the third parties. The matter at issue concerned the export restrictions applied by Government of China on some raw materials which substantially caused harms to the trade interest of some Members, especially Mexico, US and EU. The issues selected to perform, as appraised by Mr. Le Sy Giang, are excellent since there were no overlap in content. The matters concerned three different problems including procedure issue (related to Art. 6.2 Dispute Settlement Understanding), legal interpretation issue associated with a specific economic situation (related to Art. XI:2(a) General Agreement on Trade and Tariff (“GATT”) 1994), and pure legal interpretation issue (related to Art. XX(g) GATT 1994).
On preparing for the moot, the students from Class of 52th Promotion in International Trade Law have received the guidance and technical advice from Ms. Nguyen Thi Nhung, Ms. Vu Kim Ngan and Mr. Nguyen Ngoc Ha. Owing to the supports of the experts as well as the endeavour of the students, the moot was successfully held if compared with an actual hearing at the WTO Appellate Body. According to the compliment of Ms. Vu Kim Ngan, the students have performed an enormous progress from the last rehearsal and their efforts have been shown patently through their performance.
At the end of the moot, the experts have shared their valuable comments and personal opinions. Ms. Nguyen Thi Nhung has said that trade dispute in the WTO with the characteristics of a dispute between governments does not have a “dramatic or surprise element” like other civil disputes or criminal cases. However, it still has its special appeal for those who have interest and take effort to research.
Expressing feeling after the moot, one of the students from Class 52 has been sharing: “This activity has given us a more realistic perspective on the subject Dispute Resolution in International Trade. Furthermore, on preparing the case, we have had opportunity to learn more of the Agreements of WTO, as well as an opportunity to improve our skills such as presentation skill, legal searching skill, etc.” Another student from Class 52 expressed: “This is the first time we perform a moot in English. Although there were so many difficulties compared to performing in Vietnamese, with the supports from the experts and our lectures on how to write and present in English, we have gained more confidence and been better prepared.”
The success of the moot will be the foundation for Faculty of Law – FTU to build up other training projects involving activities concerning the dispute settlement in WTO particularly as well as dispute settlement in international trade, investment generally.
Source: The law department of FTU.