Legal Issue And Statement Of Argument Essay

1101 Words Nov 24th, 2015 5 Pages
Legal Issue and Statement of Argument
The Legal issue in the case when Canada ordered recall for more than 10,000 units from the local toy retailers is: “Does recall of lead containing toys, imported from China, is a violation of Article III: 4 of National Treatment Principle of the GATT?” In this essay I will argue that by recalling imported toys Canada has violated Article III: 4 of National Treatment Principle, which states that foreign and domestic products should be treated equally (Nejadi, 2013) . The three elements test of Article III: 4 will be used to access if Canada is actually violated the National Treatment Principle.
Background information Health Canada has ordered Ontario retailers to get over 10,000 units off their shelves after finding that they were selling toys and children 's products, which contained lead (“Health Canada recalls lead-tainted toys, pacifiers”, 2008) . Most of the imported toys that contained lead were manufactured and imported from China (Teagarden & Hinrichs, 2009) . Scientists believed that lead was one of the ingredients in the paint of the toys. Health Canada has not received any reports of illness or injury due to the recalled products yet (“Health Canada recalls lead-tainted toys, pacifiers”, 2008). The Canadian government, especially Minister of Health, have no power to enforce faster recall of the hazardous toys. Scientists believe that there is no safe amount of lead that may be allowed in the products, as it poisons brain and…

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