2022 WTO模拟法庭赛队问题汇总及答复

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2022 WTO模拟法庭赛队问题汇总及答复

1.Re: para. 15 of the Case Facts. The paragraph contains the information that “the Government of Avilia requested a consultation…pursuant to…Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994)”.

Our questions are as below:

1.1 Which paragraph of Article XXIII:1 of the GATT was provoked by the Government of Avilia in this context – paragraph (a), (b), or (c) thereunder?

【A】 Article XXIII:1 of the GATT serves as the basis for the consultation request to Chimera. Similar to the practices of other WTO Members, Avilia does not specify the subparagraph of Article XXIII:1.

1.2 Or, was Article XXIII:1 provoked as an entirety?

【A】: please refer to the answer to Q1.1.

2.Re: para. 18 of the Case Facts. The paragraph contains the following information: “The Panel was established at the DSB meeting on 30 July 2022. In its request for the establishment of a Panel, Avilia argued that the Safeguarding International Community Act of 2015, as such, breached Article XI:1 of the GATT 1994 …”

Our questions are as below:

2.1 Did the Government of Avilia provoke Article XXIII:1 or any paragraph thereunder in its Request for the establishment of a panel?

【A】: No.

2.2 What is the original and complete text of the Panel’s Terms of Reference?

【A】: Please refer to paragraph 18 of the moot court case. No further information is available. The participants are free to develop procedural arguments in accordance with the DSU.

3.Re: para. 5 of the Rules. The paragraph states, inter alia, that, “d. A student can participate in the WTO MCC as an oralist once only. A student with previous participation in the WTO MCC as an oralist is not eligible to enter the 2022 WTO MCC.”

Our question is as blow:

Will a student who participates in the WTO MCC 2022 as an “oralist” be eligible for participating the following session of the competition as a “researcher”?

【A】: According to the Rules, the second sentence of para.5.d, no.

4.Re: para. 10 of the Rules. The paragraph states, inter alia, that “c. Each team’s Written Submission must not exceed 25 pages (excluding cover, table of contents, abbreviations, references, signature pages and back cover)”.

Our question is as below:

Given that two Written Submissions will be handed in for both disputing parties, respectively, we wonder whether the above requirement on maximum number of pages (i.e., 25 pages) applies to each Submission or to both Submissions in aggregate.

【A】: According to para.10.C of the Rules, each Submission should not exceed 25 pages.

5.Re: para. 14 of the Rules. The paragraph states, inter alia, that “b. The electronic copy of brief Written Submissions (no more than 3000 words) for both Complainant and Respondent must be submitted by each team to the Organizer by the e-mail address receiving the forgoing copies: maoyitanpan@126.com”.

Our questions are as blow:

5.1 What are the requirements on the formatting of the “brief Written Submissions” – e.g., those on coverage of the contents, typing and printing formats, and cover and bottom sheets?

【A】: According to the Rules, there are no mandatory requirements for brief Written Submissions other than the word count requirement.

5.2 What is the deadline for the submission of the “brief Written Submissions”?

【A】: Please send the “brief Written Submissions” to maoyitanpan@126.com on 24th November 2022.

6.2012年Savoy Saksa的对外投资存量是多少?相关的经济情况和投资情况如何?

【A】: No further information is available.

7.Chimera与Savoy Saksa是否有领海边界接壤，三个国家的相对地理位置如何?（或地图）

【A】: No further information is available.

8.Chimera的国内石油储量与石油需求量（石油结构）?Chinmera投资者对其石油的投资模式下可否获得份额油和流量控制权?

【A】: No further information is available.

9.Chimera是否禁止装载有来自或者与Savoy Saksa有关的商品的船只转运或者停泊?

【A】: Please refer to Section 3 of the Safeguarding International Community Act of 2015.

10.Savoy Saksa的地理位置在海上运输中是否有重要地位?其地位如何?

【A】: No further information is available.

11.在Savoy Saksa的国有化措施实施后和2015法案出台前，Chimera是否有别的对应措施?

【A】: No further information is available.

12.Savoy Saksa驱逐Chimera国民出境的国内法依据和程序如何?

【A】: Savoy Saksa claims that the expelling of Chimeran nationals is not inconsistent with its law.

13.Chimera2015年发布的国际社会保障法第一节中的调查结果内容是否客观上真实?

【A】: Description of Savoy Saksa in legal instruments promulgated by Chimera is usually a mix of facts and comments. Unless proved otherwise, the participants may presume that the “Findings” in the Safeguarding International Community Act of 2015 are true. However, Savoy Saksa denies any violations of international law or principles. The participants should be mindful that any claims of violations of international law should be justified.

14.国际上对Savoy Saksa征收行为的反应与态度?

【A】: No further information is available.

15.Savoy Saksa的君主专制及该政体下的贸易政策是否对该国的贸易产生了不利影响?

【A】: No further information is available.

16.As mentioned in the Safeguarding International Community Act of 2015, Section 4 Civil Penalties, “A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this Act.” Please make a clarification about why the fine Avilian Sugar Co. and Avilian E-Automobile ING paid were far more than $50,000, respectively up to $500 million USD and $619 million USD. Is there a forfeiture component to these two fines? And what is the exact composition of the $500 million and $619 million fines? If the component is only a fine, is it a one-time fine, or are there multiple fines paid in one payment?

正如《2015年国际社会保障法》第4节民事处罚中所提到的，“财政部部长可对任何违反按照本法规定颁发的任何许可证、命令、规则或条例的人处以不超过50,000美元的民事处罚。” 请做出澄清，为什么Avilian Sugar Co.和Avilian E-Automobile ING支付的罚款远远超过5万美元，分别高达5亿美元和6.19亿美元。这两笔罚款中是否有没收的成分?5亿美元和6.19亿美元的罚款的具体构成是什么?如果该成分只是罚款，是一次性的罚款，还是有多次罚款一次性支付的情况?

【A】: The “fines” referred to in paragraph 11 of the moot court case include the forfeiture by Chimeran Government as permitted by Section 4(2) of the Safeguarding International Community Act of 2015.

17.Has Chimera ever prohibited the import of goods from Avilia?

Chimera是否曾禁止从Avilia进口货物?

【A】: Please refer to Section 3(2) of the Safeguarding International Community Act of 2015.

18.Other than fines, has there been any confiscation of goods in Chimera for enforcement of the Safeguarding International Community Act of 2015?

除了罚款之外，Chimera是否有为执行《2015年国际社会保障法》而没收货物的情况?

【A】: Please refer to the answer to Q1.

19.Please make a clarification about whether Avilia argued the Section 3. (1) policy of the Safeguarding International Community Act of 2015 breached Article XI:1 of the GATT 1994.

请澄清Avilia是否认为《2015年国际社会保障法》第3节第（1）条政策违反了1994年《关贸总协定》第十一条第1款。

【A】: The Complainant is required to identify the disputed measure. The participants are free to develop any procedural arguments in accordance with the DSU.

20.What is the share of the products from Savoy Saska sold by the fined company in the share of all products of the same type traded in Avilia (not limited to products from Savoy Saska)?

被罚公司销售的Savoy Saska的产品在Avilia贸易的所有同类产品（不限于Savoy Saska的产品）中的份额是多少?

【A】: No further information is available.

21.Are there any political conflicts occurring on the border of Chimera after implementation the oil nationalization plan, or is there any unrest within the territory of a country neighbouring Chimera, occurring in the immediate vicinity of the Chimera's border.

在石油国有化计划实施之后，Chimera边境是否有任何政治冲突发生，或者Chimera的邻国领土内是否有任何动乱发生在其与Chimera的边境附近?

【A】: No further information is available.

22.Does the gravity of relations between Savoy Saska and Chimera had deteriorated to such a degree that they were a matter of concern to the international community or other countries ?

Savoy Saska和Chimera之间关系的严重性是否已经恶化到了国际社会或其他国家关注的程度?

【A】: Please refer to the moot court case, in particular, paragraphs 13-17. No further information is available.

23.In paragraph 8, Chimeran nationals who refused to transfer their control over the investments were arrested and later expelled due to clashes with the local government in Savoy Saksa. Please make a clarification about whether the arrests and deportations were legally supported and whether they were subject to due and lawful process.

在第8段中，拒绝移交投资控制权的Chimera国民被逮捕，后来由于与Savoy Saksa的地方政府发生冲突而被驱逐。请澄清这些逮捕和驱逐是否有法律依据，是否经过了正当合法的程序。

【A】: Savoy Saksa claims that actions taken by its government are not inconsistent with its law.

24.When did Savoy Saksa grant oil rights or concession agreements to investors in Chimera? Are all Chimeran investors private subjects?

Savoy Saksa何时向奇美拉的投资者授予石油权或特许协议?所有Chimera的投资者都是私人主体吗?

【A】: Some of the Chimeran investments dated back to the colonial era. The nationalization policy of Savoy Saksa applied to all oil investors and did not distinguish between the nationalities of investors. No further information is available.

25.Whether other articles of the GATT agreement other than Article XI and Article XXI can be invoked to argue in the present case?

除第十一条和第二十一条外，关贸总协定的其他条款是否可以在本案中援引来论证?

【A】: No, except the claims or arguments developed in accordance with the DSU.

26.Could we cite or use other related substantive provisions of WTO Agreements, or just provisions mentioned in the para.18 and 19?

【A】: The participants should be mindful of the terms of reference of the Panel. The participants are free to develop any procedural arguments in accordance with the DSU.

27.Whether Complaint and Respondent held consultations concerning “2015 Act, as such” claim?

【A】: Yes.

28.Does Chimera’s denying of Avilia’s claims only on the basis of Article XXI:(b)(iii) of the GATT?

【A】: Yes, to the extent of substantive defense. The participants are free to develop any procedural arguments in accordance with the DSU.

29.Whether Chimera obtains a status as a developed Member under the meaning of WTO and whether Avilia and Savoy Saksa obtains a status as a developing Member or least-developed Member under the meaning of WTO respectively? If so, whether they enjoy the entire rights and obligations deriving from Special and differential treatment without any concession in their Protocol on the Accession and other relevant treaties?

【A】: No further information is available.

30.Whether Chimeran investors affected by Savoy Saksa’s nationalization plan obtain a status of civil investors or State investors?

【A】: No further information is available.

31.Whether oil enterprises in Savoy Saksa held or invested by Chimeran were established in the colonial period or post-colonial period?

32.What’s exactly about the relationship between Congress the and president in Chimera?

【A】: No further information is available.

33.Whether the said arose from the representative of Avilia at the DSB meeting of 27 June 2022, the response arose from the representative of Chimera and the said arose from the representative of Savoy Saksa constitute oral statements? What is the legal effect of their expressions?

【A】: The statement made by a politician is usually a mix of facts and comments. Savoy Saksa denies any violations of international law or principles. The participants should be mindful that any claims of violations of international law should be justified.

34.Whether concession agreements granted by the government of Savoy Saksa, or other folk institutions?

【A】: The relevant concession agreements were granted by competent authorities at the time.

35.Would you please make a clarification about the “the close trade relationship” between Avilia and Savoy Saksa mentioned in paragraph 11, the first sentence? Does it cover Avilia's import of raw materials from Saksa for processing and re-export, import of finished products for domestic consumption, or re-export to other countries? Are there any other situations that can be included?

【A】: No further information is available.

36.How many goods that Avilia exports to Chimera are related to Savoy Saksa, including the use of finished products, raw materials and the transportation from or through Savoy Saksa?

【A】: No further information is available.

37.In the present case, the trade between Avilia and Savoy Saksa does not involve Chimera and only limits within Avilia, then how does Chimera enforce the sanction measure to Avilia, for example , freezing Avilian assets in Chimera?

【A】: Please refer to Section 4 of Safeguarding International Community Act of 2015.

38.Would you please make a clarification on “Civil Penalties” in Section 4 of the Act Chimera enacted in paragraph 8? In what way, when and where does Chimera impose the civil penalties on Avilian firms? Does the total amount of the civil penalties imposed include the price of the tackle, apparel, furniture, and equipment mentioned in Section 4(2) of the ACT?

【A】: No further information is available.

39.Would you please make a clarification on “a steep decline in exports to Chimera” in paragraph 12, line 2? Are there any specific data that can be provided?

【A】: No further information is available.

40.Would you please to explain the meaning of the phrase “as such”in para.18? Does it mean as such claim?

The original text follows:

18. The Panel was established at the DSB meeting on 30 July 2022. In its request for the establishment of a Panel, Avilia argued that the Safeguarding International Community Act of 2015, as such, breached Article XI:1 of the GATT 1994, because of the extraterritorial application of Chimeran embargo of trade with Savoy Saksa in so far as it restricted trade between Avilia and Savoy Saksa or between Avilia and Chimera.

【A】: No further information is available. The participants are free to develop any procedural arguments in accordance with the DSU.

41. Did Chimera and Savoy Saksa negotiate or have any other communication before Chimera sanctions imposed sanctions on Savoy Saksa?

【A】: No further information is available.

42. Were Chimera’s companies state-owned companies or private companies?

【A】: No further information is available.

43. What are the diplomatic relations between Avilia and Chimera after the economic embargo? What are the diplomatic relations between Avilia and Savoy Saksa and are they an economic alliance now?

【A】: No further information is available.

44. What is the status of Chimera in the global economy after the economic embargo? Are there other countries that can replace the status of Chimera in terms of trade with Avilia?

【A】: No further information is available.

45.可否在Avillia所提诉请之外增加诉请；可否在Avillia所依据条款之外增加法律依据?

【A】: No. The participants are free to develop any procedural arguments in accordance with the DSU.

46.Chimera国采取措施之前有没有通知Avilia国？

【A】: The Safeguarding International Community Act of 2015 is available to the public. No further information is available.

47.R方（即Chimera）是否抗辩只能提21条，还是说可以提其他的抗辩（包括管辖权等问题）?因为规则里写道如果包括了案例中没提到的fact要扣10分。

【A】: For the substantive defense, only Article XXI:(b)(iii) of the GATT has been invoked. The participants are free to develop any procedural arguments in accordance with the DSU.

48.能否进一步明确Chimera和Savoy Saksa的地理位置关系?

【A】: No further information is available.

49.Chimera 对 Avilia 具体制裁措施是如何施行的?

【A】: Please refer to the Safeguarding International Community Act of 2015 and paragraph 9 of the moot court case. No further information is available.

50.Avilia 支付的罚款是由Chimera直接向Avilian 企业征收的吗?

【A】: Please refer to the Section 4 of the Safeguarding International Community Act of 2015 and the paragraph 9 of moot court case.

51. What was the exact time when the conflict between the Chimera and the government of Savoy Saksa began, and how long did it last?

【A】: No further information is available.

52. Did the king still exist after Savoy Saksa became a republic country? And whether the king's powers had changed from those of the monarchy?

【A】: The presumption of this question is false.

53.Q：What does “assist” mean?

In the SAFEGUARDING INTERNATIONAL COMMUNITY ACT of 2015 Section 3—— Enforcement of the Economic Embargo of Savoy Saksa Section (1) (b),Sanctions on Other Countries.

—The Congress further urges the President to take immediate steps to apply the sanctions described in this Act against countries assisting Savoy Saksa.

What does “assist” mean? Does "assist" mean "has the trade relationship with Savoy Saksa"?

【A】: No further information is available.

54.Due to the oil nationalization policy-any ,oil rights owned by or concession agreements granted to Chimeran were canceled or-terminated by Savoy Saksa without compensation. Savoy Saksa also arrested and expelled Chimera who were reluctant to hand over their investment control. So have Chimera and Sasa signed an agreement tounconditionally withdraw their oil rights in the face of an emergency?

【A】: No further information is available.

55.Q：More information about "selective defaults"

Paragraph 6 It is mentioned “ Savoy Sacasa was late in paying some bonds, and the main rating agencies declared the country in selective default.In 2011, Savoy Saksa was late in making some bond payments, and the main rating agencies declared the country in selective default.”Does the object of "selective default" include Chimera，if so, how much money did Savoy have not paid Chimera ?

【A】: No further information is available.

56.Whether the Chimera International Act 2015 has been reviewed by the WTO's international dispute settlement body?

【A】: The participants should develop their claims and arguments in accordance with the DSU.

57.The third paragraph of the original text mentioned that. It is estimated that Chimeran investors have directly lost more than $70 billion in investment as a result of Savoy Saksa's nationalization policy.My question is about Chimera's direct loss of more than 70 billion dollars of investment due to Saksa's oil nationalization policy. Among them, does Chimera's lost investment interest only refer to the oil industry, or are the investment interests of related important industries all damaged due to Saksa's oil nationalization policy?

【A】: No further information is available.

58.In the third paragraph of the case it is mentioned that "Chimera decided to withdraw his troops from Savoy Saksa in 1932 and established the Kingdom of Savoy Saksa, an absolute monarchy ruled by the House of Savoy." My question is, was Chimera's withdrawal a recognition of the absolute monarchy established by Savoy Saksa?

【A】: Savoy Saksa was recognized as an independent state by the international community in the late 1930s. On December 15, 1940, Chimera and Savoy Saksa announced the establishment of diplomatic relations between the two countries.

59.In the context of the 2015 Act for the Preservation of the International Community, Chimera stated: 1. The repression of the Savoy government against the people of Savoy, including the prohibition of free and fair elections, and the continued violation of basic international principles, made the Savoy. The Saksan regime became the only completely non-liberal government in the world. 2. The autocratic nature of the Savoy Saksa government deprived its people of any non-violent means of improving their situation and led thousands of people to risk and even lose their lives in an attempt to escape Savoy Saksa in pursuit of freedom.These circumstances are not clearly described elsewhere in the case material. Is there any material basis for these cases?Is it possible that these situations are exaggerated or misrepresented?

【A】: No further information is available. Description of Savoy Saksa in legal instruments promulgated by Chimera is usually a mix of facts and comments. Unless proved otherwise, the Participants may presume that the “Findings” in the Safeguarding International Community Act of 2015 are true. However, Savoy Saksa denies any violations of international law or principles. The Participants should be mindful that any claims of violations of international law should be justified.

60. Do the indictment and the reply each contain no more than 3,000 words or do they add up to no more than 3,000 words?

起诉状和答辩状分别不超过3000字还是加起来不超过3000字?

【A】: There is no indictment and reply in the WTO MCC. There is only the complainant Written Submisson and the respondent Written Submisson. It is commonly understood that the 3,000 word requirement is for each Submisson..

61. Can we elaborate on provisions that are not mentioned in the materials but are actually relevant?

我们是否可以针对材料里未提及、但实际上有关联的条款作详细阐述?

【A】: The participants should be mindful of the terms of reference of this Panel. The participants should develop their claims and arguments in accordance with the DSU.

62. Will there be any special rules if the competition is held online?

如果线上举行比赛，会有特殊的规则吗?

【A】: Please refer to the 2022 WTO Moot Court Oral Competition Rule.

63.Is it allowed to cite cases and materials other than those provided by committee in our submitted instrument and court debates?

文书和法庭辩论中能否引用赛题参考案例之外的案例?

【A】: Yes. The participants are free to develop their claims and arguments in accordance with the DSU.

64.Can other sources of international law be used to prove our opinions, such as Responsibility of States for Internationally Wrongful Acts?

其他形式的国际法渊源可以被用来佐证观点吗，例如《国家不法行为责任草案》?

【A】: The participants are free to develop their claims and arguments in accordance with the DSU.

65.Is it permitted to quote the viewpoints of scholars?

【A】: The participants are free to develop their claims and arguments in accordance with the DSU.

66.Is the extraterritorial application of SAFEGUARDING INTERNATIONAL COMMUNITY ACT of 2015 only for Complainant? or it is discriminatory?

【A】: The participants are required to identify the disputed measure and are free to develop their claims and arguments in accordance with the DSU.

67.What is the share of oil in the production output of saksa ?Is it Is it far more than the output of agricultural products until Savoy Saksa’s Nationalization of the Oil Industry in 2021?

【A】: No further information is available.

68.Has the Nationalization of the Oil Industry been implemented with enough time for foreign investors to react?

【A】: No further information is available.

69.Does the implementation of the bill give other countries enough time to react?

【A】: No further information is available.

70.What is the proportion of Respondent 's direct investment in saksa to the amount of Respondent's direct investment?

【A】: No further information is available.

71.庭辩阶段比赛的形式是线上还是线下?

【A】: Online.

72.庭审的时候，可以携带什么形式的资料（纸质资料可以吗）?

【A】: There is no restriction on the materials to be carried in the Rules.

73.Did the Chimera and Saksa have any kinds of negotiations immediately after the nationalization measures taken by Saksa?

【A】: No further information is available.

74.Why it is not until 2015 did the Chimera enact the Safeguarding International Community Act of 2015 (hereinafter SICA)?

【A】: Domestic legislation costs time.

75.Whether the commercial relationship (including trade, investment, etc.) has broken down since 2012? In other words, whether the commercial relationship was still maintained from 2012 to 2015?

【A】: No further information is available.

76.In paragraph 7, it is mentioned that the “Savoy Saksa people should be compensated by foreign investors, in particular the companies from Chimera.” And it adds that “any oil rights owned by or concession agreements granted to foreign companies were canceled or terminated by Savoy Saksa without compensation”. So is it reasonable to speculate that except the Chimera, the foreign investors form other countries also lost their oil rights and property invested in oil industry in Saksa? What are the reflections of other countries on the nationalization measures of Saksa?

【A】: The nationalization measure taken by Savoy Saksa did not distinguish between the nationalities of investors.

77.Whether the news reported by the publicly financed broadcasting system is mutual enough to reflect the reality during the nationalization period?

【A】: The participants may presume the news are true.

78.Except strong opposition and criticism from Chimera and the President, is there any other material measures taken immediately to resist the nationalization before the enaction of SICA?

【A】: No further information is available.

79.What is the resource of the Findings in the Section 1 of the SICA? Whether the “Findings” part of SICA is based on facts investigated by the Chimera and reflects the real condition of Saksa, rather than the subjective deduction of Chimera?

80.In the section 4 (Civil Penalties) of SICA, it provides that “A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of the Act.” However, in paragraph 11, the two Aviian firms were fined $500 million and $619 million, respectively. So is there any mistake about the actual penalty to Avilian firms? Or if it is correct, how does the numbers of fines come out? Does it depend on the discretion of the Treasury randomly?

【A】: The “fines” referred to in paragraph 11 of the moot court case include the forfeiture by the Chimeran Government as permitted by Section 4(2) of the Safeguarding International Community Act of 2015.

81.Is there any further information to show how the firms in other countries were found to violate the SICA? Any detailed information to show the process is appreciated.

【A】: No further information is available.

82.Since the Avilia did not accede to WTO until 1 October 1998, whether the Protocol on the Accession of Avilia has some information related to our case?

【A】: No further information is available.

83.In paragraph 11, it said that “because of the difficulty in proving violations of sanctions, it usually took years before the closure of a case”. So whether it means that no time limit is included during the investigation before the closure of a case.

【A】: Please refer to the Safeguarding International Community Act of 2015.

84.In paragraph 12, it mentions that “there was a steep decline in exports to Chimera after the promulgation of the SICA”. Is there any other reason that constitutes the decline the exports between Avilia and Chimera, or merely due to the influence of SICA?

【A】: No further information is available.

85.Whether the Avilia requests the establishment of a Panel merely because the SICA, as such, breached the Article XI:1 of the GATT 1994? And as a result, there is no need to consider whether the SICA has breached other provisions in WTO law system.

【A】: The participants should be mindful of the terms of reference of the Panel. The participants are free to develop any procedural arguments in accordance with the DSU.

86.The geographical locations of Chimera and Ssksa are mentioned in the para.1 & 3 Could you please provide the specific location of the three countries or the regional map?

【A】: No further information is available.

87.How to define the “origin” in the SICA? How to understand its relationship with the reason for Avilian E-Automobile ING to pay the fine?

【A】: No further information is available.

88.Under which section of the SICA is Avilian E-Automobile ING fined ? Was Avilian E-Automobile ING fined for exporting products containing raw materials from Saksa?

【A】: No further information is available.

89.Under which section of the SICA, can it be applied against Avilian ships trading with Savoy Saksa?

【A】: The participants are required to identify the disputed measure and develop their claims and arguments in accordance with the DSU.

90.In this case, does the Chimeran customs have any rights to execute or enforce the SICA?

【A】: No further information is available.

91.In Paragraph 8, the Section 1(4) of the Act mentioned that “The totalitarian nature of the government of Savoy Saksa has deprived its people of any peaceful means to improve their condition and has led thousands of its people risk or lose their lives”. Accordingly, the question is whether the people fleeing from Savoy Saksa escape to the Chimera.

92.Whether the dealings with saksa are prohibited within the territory of Chimera?

【A】: Please refer to the Safeguarding International Community Act of 2015.

93.Are there any specific cases proving the exceptions under the section 3 of “The Chimeran Government prohibits, unless exceptions granted by the Secretary of the Treasury”?

【A】: No further information is available.

94.Is “absolute monarchy” in para 3 a political term? Or is the term of “absolute” just reveals the degree of the matter?

【A】: Generally speaking, an absolute monarchy is a form of monarchy in which the monarch rules in their own right or power.

95.In para 6, Savoy Saksa was late in making some bond payments, the main rating agencies declared Savoy Saksa in selective default. Accordingly, the question is whether “selective default” in para 6 would include a default on Chimera.

【A】: No further information is available.

96.Is there any bilateral investment treaty among Chimera, Avilia and Savoy Saksa?

【A】: No.

97.阿维利亚指控的措施只有SICA法案吗?

【A】: Please refer to paragraph 18 of the moot court case.

98.If there are any domestic laws in Savoy Saksa for the confiscation and nationalization plan?

【A】: Yes, but no further information is available.

99.Had Savoy Saksa and Chimera signed any Bilateral Investment Treaties? If yes, is there any criterion for the remedy of expropriation?

【A】: No.

100.Whether the nationalization plan of Savoy Saksa has ended? If so, when did it end?

【A】: The nationalization policy has already been implemented.

101.Does the denial of a license to engage in certain transactions in the last sentence of paragraph nine of the Case Fact include the license of importation and exportation or the license to participate in any merchandise?

【A】: Please refer to the Safeguarding International Community Act of 2015.

102.How does Chimera enforce the prohibition on dealings in Savoy Saksan products outside the Chimera between other countries?

【A】: Please refer to Section 4 of the Safeguarding International Community Act of 2015.

103.How does Chimera forfeit the property in violation of the Act outside its territory?

【A】: No further information is available.

104. 比赛的具体日程将于何时公布?各个奖项设置情况如何?各类奖项的数量有多少?

【A】: Written Submissions should be submitted by Nov. 13. The preliminary round will be held on Nov. 26, with the semifinals and final on Nov. 27. Awards setting will be decided by the organizer according to the number of teams in the year.

105. researcher协助oralist的形式是什么?什么时间能协助oralist?

【A】:For information on how a team, including researcher, conducted the oral part of the competition, please refer to the Rules, para.21 in particular.

106. researcher比赛中坐在oralist的哪个位置?是坐在身后还是坐在单独的隔间?

【A】:Researcher as a member of a team in oral sessions, it can sit with the oralist.

107. 虽然规则中要求去WTO寻找模板，但每个报告所包括内容和顺序都不同，后续官方会提供统一模板吗?

【A】:There is no page-template.

108. 在书面文书中没有提到的观点和内容可以在口头答辩上提出吗?

【A】:The Rules do not prohibit it. The oral and written sessions are scored separately and each has a separate prize. If it is used, it risks being not successfully argued without the support of a written document, and challenged by opponents and questioned by judges.

109. 除WTO相关规则和争端解决机制及判例，还可以适用哪些国际法规和组织的判例?

【A】:Please refer to the provisions of the DSU and the previous practice of the WTO dispute settlement system.

110. 口头答辩过程中每个环节之间是不间断进行的吗?是否留有思考时间或者researcher跟oralist书面交流的时间?

【A】:Continuous Operation.

111. 比赛过程中researcher之间可以交流吗?

【A】:No communication between players on and off the field. The players on the field can communicate with each other. It is recommended to use a silent and non-intrusive way, such as text, otherwise it may lead to negative evaluation on manners.

112. 每个环节同一名oralist可以重复发言吗?

【A】: The Rules do not prohibit it. However, uneven performance among members as a whole is likely to lead to negative evaluation on team cooperation..

113. S国与C国的贸易额，A国和S国的贸易额大概多少?

【A】: No further information is available.

114. S国提供的产品是否是可替代的吗?

【A】: No further information is available.

115. C国对石油的依赖度如何?

【A】: No further information is available.

116. Savoy Saksa在入世时，作出过哪些承诺?

【A】: No further information is available.

117. Savoy Saksa在驱逐Chimeran nationals时，是否采取过武装手段?或者说，其逮捕是否符合国内法?以及在逮捕过程中是否发生武装冲突?

【A】: Chimeran nationals are arrested by the police of Savoy Saksa. Savoy Saksa claims that the expelling of Chimeran nationals is not inconsistent with its law.

118. 本次比赛是否提供统一书状格式模板?

【A】: There is no page-template.

119. 可以用除了11和21条之外的法条来写书状么?

【A】: No, except the claims or arguments developed in accordance with the DSU.

2022年11月9日 13:34

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