Two investment treaty claims launched by Philip Morris entities against tobacco control measures implemented by Australia and Uruguay have ended, with Philip Morris losing both disputes. This Perspective highlights these positive results from a public health viewpoint while emphasizing the...

The WTO Anti-Dumping Agreement: A Commentary by Edwin Vermulst is the second in the Oxford Commentaries on the GATT/WTO Agreements series. This book is recommended to anyone wanting to understand anti-dumping in the WTO

This short article addresses a report released in June 2005 by the Australian Senate Foreign Affairs, Defence and Trade References Committee that calls for wholesale reform of Australia's military justice system. The authors call for immediate implementation of the Committee's recommendations,...

Since its creation in 1995, the Appellate Body of the World Trade Organization (WTO) has gradually constructed a consistent approach to completing panels' analysis where the circumstances permit. The need for this practice stems from the limitation of WTO appeals to issues of law and the absence...

The UNESCO Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions, which recently entered into force, highlights the lingering tensions among WTO Members about trade and culture, most often reflected in disputes and debates concerning audiovisual products....

The lengthy and long-awaited WTO Panel Reports in Australia – Tobacco Plain Packaging contain a host of material for reflection, particularly in relation to the Agreement on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights. While two...

As China's economy grows and the global economy is increasingly digitalised, the concept of national security is taking on increasing significance. Contrary to its quiet history, the security exception has now been invoked by different parties in ongoing disputes at the World Trade Organization....

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...

Trade in services can take many forms (or ‘modes'), such as cross-border delivery, or delivery by a commercial presence in a foreign country. Unlike tariffs or quantitative restrictions on goods, which are imposed at the border, barriers to trade in services are more commonly found ‘behind...

This chapter examines the so-called 'rule of necessary implication' in treaty interpretation by considering international judicial decisions in three different contexts: implied powers as reflected in decisions of the International Court of Justice and the International Criminal Court; implied...