FACULTY OF SOCIAL SCIENCES
DEPARTMENT OF LAW
ACADEMIC YEAR 2023/24
FINAL EXAMINATIONS
Course Code: LAW 542
Subject: LAW
Title of Paper: INTERNATIONAL TRADE LAW
Semester: 2
Time Allowed: 90 MINUTES
Reading Time:10 MINUTES
Maximum Marks: 60
Examiner DR EMMA CHITSOVE
INSTRUCTIONS TO CANDIDATES
1. THERE ARE FOUR QUESTIONS.
2. THIS PAPER IS DIVIDED INTO SECTIONS A AND B
3. ANSWER TWO QUESTIONS, WITH AT LEAST ONE QUESTION FROM
SECTION A.
4. ALL QUESTIONS CARRY EQUAL MARKS.
5. CREDIT WILL BE GIVEN FOR:
a)
b)
c)
d)
e)
Effective arrangement and presentation;
Clarity of explanations;
Effective use of relevant authorities;
Logical argument; and
Clear and concise English.
DO NOT OPEN THIS PAGE UNTIL YOU HAVE BEEN TOLD TO DO SO
----------------------------------------------------------------------------------------------------------------NUMBER OF PAGES INCLUDING THE COVER PAGE:
5
Page 1 of 5
SECTION A
QUESTION ONE
Botswana and the United Kingdom (UK) are Members of the World Trade Organization (WTO).
In March 2024, the UK’s Parliament introduced the Hunting Trophies (Import Prohibition) Act
119/2024. This law prohibits the importation of a hunting trophy into the UK. However, it permits
local trophy hunting and the exportation of hunting trophies.
A hunting trophy is defined to mean the body of an animal, or a readily recognisable part or
derivative of an animal that is obtained by the hunter through hunting the animal, and is obtained
for the hunter’s personal use, whether or not the body, part or derivative has been processed in any
way. Trophy hunting is the practice of killing large animals such as elephants, lions and tigers for
sport. Hunters often keep the heads or other parts of the animals for display.
The UK government contends that trophy hunting is unethical, and merely promotes further
hunting of animals leading to depletion of wildlife resources. Therefore, this measure is meant to
protect endangered species population.
Botswana is one of the countries aggrieved by this law, since most of its trophy hunters were
coming from the UK. Botswana government argues that the import ban was ill-informed and a
"resurgence of a colonial conquest". It contends that trophy hunting is a way of controlling wild
animal numbers in the country and a source of income for communities. Therefore, the UK law is
counterproductive and discourages the people who are living with these animals from conserving
and protecting them. It would also exacerbate human-wildlife conflicts.
The Botswana government is aggrieved and would like to institute proceedings under the WTO
dispute settlement system.
Advise the government of Botswana on the arising legal issues and the prospects of success
[30 marks]
QUESTION TWO
Page 2 of 5
Green Fuels (Pty) Ltd is a multinational company involved in the supply and distribution of oil
and gas products. It started operations in Botswana in 1990, having been licenced by Botswana
Oil Authority to directly import, distribute and sell oil products in Botswana. Green Fuels (Pty)
Ltd market products and services through its network of twenty (20) service stations, across the
country.
On March 26 2024, Botswana Oil Authority announced that multinational oil companies will be
banned from importing and distributing petroleum products into Botswana from April 1 2024.
According to the new mandate, 90 percent of fuel imports required for Botswana shall be imported
by Botswana Oil Limited, while 10 percent will remain imported by locally owned companies.
According to the principal engineer at the Department of Energy within the Ministry of Minerals
and Energy, this “new mandate will trim the dominance and prevalence of multinationals in the
sector, creating investment opportunities for local companies."
An extract of Botswana’s Schedule of Specific Commitments under the General Agreement on
Trade in Services (GATS) is provided below.
EXTRACT
BOTSWANA - SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4)
Presence of natural persons
Sector
sector
or
sub-
Limitations
access
on
market
Limitations on national treatment
Additional
commitments
Page 3 of 5
I. HORIZONTAL COMMITMENTS
ALL SECTORS
INCLUDED IN
THIS
SCHEDULE
1)None
2) None
3) All juridical persons must
be registered with the
Registrar of Companies. All
juridical persons are required
to have a licence issued by the
relevant authorities.
4) Entry and residence in
Botswana of foreign natural
persons
is
subject
to
immigration
laws,
regulations, guidelines and
procedures.
II. SECTOR-SPECIFIC COMMITMENTS
4.
DISTRIBUTION
SERVICES
1) None
2) None
B.
Wholesale 3) None
Trade
Services 4) Unbound except as
(CPC 622)
indicated in the horizontal
section
C.
Retailing
Services
(CPC 631)
(CPC 632)
(CPC 6111)
(CPC 6113)
(CPC 6121)
1) None
2) None
3) None
4) Unbound except as
indicated in the horizontal
section
1), 2) Capital remittances and transfer of funds
require approval of the Bank of Botswana (Central
Bank).
Fees payable to non-resident service supplier are
subject to approval of the Bank of Botswana.
3) The Government does not have a fixed ratio of
equity between foreign and local companies. But
foreign investors are encouraged to enter into joint
ventures with local investors. Juridical persons
who specialize in providing services should be
registered in their countries of origin.
4) Professional foreign natural persons should be
recognized as such and they should have rights to
practise in their countries of origin.
1)None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
3) The Government does not have a fixed ratio of
equity between foreign and local companies. But
foreign investors are encouraged to enter into joint
ventures with local investors. Juridical persons
who specialize in providing services should be
registered in their countries of origin.
4) Professional foreign natural persons should
be recognized as such and they should have rights
to practise in their countries of origin.
Advise Green Fuels (Pty) Ltd on whether the measure is compatible with Botswana’s
commitments under the General Agreement on Trade in Services (GATS).
[30 marks]
Page 4 of 5
SECTION B
QUESTION THREE
Citing relevant authourities, discuss the extent to which the TRIPS Agreement
provides a balance between the protection of intellectual rights and public interest
with respect to copyright, patents and trademarks.
[20 marks]
QUESTION FOUR
In a decree dated December 29, 2023, President Josh Laden of the Great State of Azaria (GSA)
removed Uganda as a beneficiary of the African Growth and Opportunity Act (AGOA), effectively
ending Uganda’s ability to export certain commodities to the GSA duty-free. The GSA maintained
that the delisting was because Uganda has “engaged in gross violations of internationally
recognised human rights.” This came after President Yow Museveni assented to the anti-gay law
passed by the Ugandan lawmakers, which introduced serious repercussions, including life
imprisonment or death, for same-sex relations in the country. Uganda’s expulsion from the deal
could destroy thousands of jobs, cause a foreign-exchange earnings drought, and low utilisation of
raw materials locally, experts have warned.
In light of the above scenario, advise your government on the role, challenges and
opportunities of non-reciprocal preferences treatment in the multilateral trading system.
[30 marks]
END OF QUESTION PAPER
Page 5 of 5