On 1 January 2005, a controversial trade agreement entered into force between Australia and the United States. Though heralded by the parties as facilitating the removal of barriers to free trade (in ways not achievable in multilateral fora), it also contained many trade-restricting intellectual...

This paper critically analyses existing WTO Dispute Settlement rules and experience to raise awareness amongst industry, government and relevant trade law practitioners of the value in developing expertise about initiating and defending non-violation nullification of benefits (“NVNB”) claims...