Traditionally, Newland is a wine-drinking country. However, recent market research has shown that demand for beer in Newland is now high and likely to grow further in the future. Superbrew Inc. of Richland, one of the world’s largest beer producers, therefore wants to increase its exports of lager beer, speciality beers and non-alcoholic beer to Newland. Before its accession to the WTO, Newland limited the importation of beer of any kind to a meagre 50,000 hectolitres per year. This quantitative restriction was put in place in the late 1950s to protect the many winegrowers in Newland from competition from imported beer. The National Association of Wineries (NAW) was, and still is, a powerful lobby in Newland’s politics. On accession to the WTO, Newland abolished the quantitative restriction on the importation of beer and introduced customs duties instead.

Since 1995, Newland imposes the following ad valorem customs duties:

• 10 per cent on wine;
• 20 per cent on lager beer and non-alcoholic beer; and
• 30 per cent on speciality beers.

Newland has exempted the following beverages from customs duties:

• speciality beers produced in the United States; and
• speciality beers produced in micro-breweries.

Since last year, when a case of serious customs fraud was discovered, Newland has required that all beer be imported through two designated ports only. This requirement does not apply, however, to beer imported from neighbouringNearland, a country currently negotiating accession to the WTO. Shortly after Newland joined the WTO, it also revised its tax regime for alcoholic and non-alcoholic beverages. The following VAT rates apply:

• 2 per cent on domestically produced non-alcoholic beverages and non-alcoholic beverages produced in the United States; and
• 5 per cent on all other imported non-alcoholic beverages.

The following excise tax rates apply:

• 15 per cent on wine;
• 15.5 per cent on lager beer and non-alcoholic beer; and
• 30 per cent on speciality beers.

In Newland, beer, whether domestic or imported, may only be sold by licensed beer merchants and may not be sold in supermarkets. No such restrictions exist on the sales of domestic or imported wine. In addition, they do not apply to Australian lager beer. Superbrew Inc. not only wants to sell its beer in Newland’s supermarkets, it also wants to establish a wholesale trade company in Newland as well as a network of retail shops to handle the distribution of its beer. Superbrew has been told it can do neither.

Many municipalities in Newland prohibit the consumption of beer in public on Sundays. Sunday is a divine day and therefore a day for wine. Furthermore, in support of the national wine industry, Newland’s National Federation of Restaurateurs, a government-sponsored organization, has instructed its 10,000 members not to serve beer with traditional Newland dishes. Note also that, since the Armed Forces Reform Act of 1996, the armed forces of Newland are required by law to buy domestic alcoholic beverages.

Finally, CoolBrew Inc., a subsidiary of Superbrew Inc. specializing in themaintenance of beer-cooling installations, wants to employ in Newland engineers from Richland for short-term repair jobs. However, CoolBrew Inc. has been informed that, under Newland’s Regulated Professions Act of 1997, onlyengineers with a degree obtained in Newland or the United States are allowed to work in Newland.

Note that Newland’s Schedule of Specific Commitments contains national treatment commitments for ‘wholesale trade’ services and ‘maintenance and repair of equipment’ services with respect to all modes of supply. For ‘wholesale trade’ services, however, ‘commercial presence’ is subject to the limitation that foreigners may never own more than 70 per cent of wholesale trade companies established in Newland. Newland’s Schedule does not refer to retailing services. Finally, Newland did not include any measures relating to distribution or other business services in the Annex on Article II Exemptions.

Superbrew Inc. decide to take their cases to WTO Dispute Settlement Body (DSB).  Superbrew Inc.  alleges, among other claims: –

1. Breach of National Treatment provided within GATT 1994 and GATS; (how far Superbrew Inc.  will succeed? (20 marks)

An application for a patent in the field of incandescent lighting covers, in essence, a light bulb. One of the limitations (elements) of the patent’s principal claim is an “incandescing conductor of carbon made from a vegetable fibrous material.”

As of the application’s filing date, the inventor knew of two such materials that worked successfully as conductors: carbonized paper and wood carbon.

The application discloses both of these materials. After research, the examiner has learned that there are roughly 1000 other plant species that have the relevant “vegetable fibrous material.”

However, only four of these species work as conductors in the claimed light bulb. Should the examiner allow or reject the application? Please explain using the 4 requirements of application: enablement, written description, best mode, and definiteness

Cole (1970) discusses the many influences of the decision to prosecute. Several actors, such as, the police, defense attorneys, and the courts, influence the decision to prosecute or not. The author explains the pressures involved from the actors being prison overpopulation, increased fear from the public, the press questioning decisions, the lack of evidence collected by police officers, case completion time, and upholding their prosecutorial reputation.

I found many of these pressures, as well as others, to be accurate because many cases do not end up going to trial as one judge involved in the study mentioned that an average of 70% ends in the preliminary hearing.

I did not realize that some cases are held out for a specific judge in order to increase the likelihood of a conviction for certain types of cases. It’s interesting to see political factors playing a role in this decision making process because drugs and gambling were often seen as petty crimes, but King County felt the pressure to implement criminal charges more after outside pressures came from local politicians.

Additionally, reading the defense attorney aspect made me question if clients are constitutionally being represented. The author discusses how defense attorneys are often waiting outside courthouses to seek clientele and many are more concerned with their reputations in the legal field, thus they pressure their clients to take a plea.

The influences from the police were what I would think to be correct, but I did not realize that prosecutors put pressure on police officers to do "better" as the author said. If they give prosecutors incomplete files, which are often times due to lack of evidence, the prosecutors have no choice but to dismiss the case and drop the charges.

Overall, I did not realize all of the pressures prosecutors endure during their decisions to prosecute or not.

You are required to research and write with making references to the appropriate legislations and precedent cases on the development of trust and its applications in the contemporary commerce as an entity of equity in our PNG jurisdiction.

Required Structures:

Explain the fiduciary roles, responsibilities and duties of trustees.

Discuss the practical nature of common legal issues and challenges in Papua New Guinea relating to trust properties and finances.

Take one particular area of your interest as a case in point of study for illustration.

Thant a student visa holder with no further stay condition visa expired in 15th August 2022 and realized that his visa was expired on 25th August 10 days after his visa expired. He met Heather Australian citizen through Tinder. Heather is a motor-mechanic and they used to enjoy ride together. They first met face to face on 1st Feb 2022 and lived in together since then in Canberra.

Thant connection with family was good but after his family knowing he was living in with Australian girl Thant’s family stopped talking to him and he went in anxiety and depression and forgot to lodge his student visa. What are the two visa subclasses he would be eligible to apply onshore visa given his current circumstances.

Outline the legislative criteria and processes that Thant would need to meet in order to make an application and be found eligible for each subclass, including Schedule1, Schedule 2 and any relevant criteria in other schedule.

Please provide AGLC formatted citation as well.