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...

China joined the World Trade Organization (‘WTO’) in 2001 after almost 15 years of negotiations, making extensive commitments to open its markets to foreign investment and liberalise trade in goods and services. China represents a huge potential market for foreign telecommunications service...

As the global financial crisis threatens to manifest in enhanced protectionism, the economic irrationality of dumping, countervailing, and global safeguard measures (so-called ‘trade remedies’) should be of increased concern to the Members of the World Trade Organization (‘WTO’). Long...

In this paper, we first identify in Part II the benefits of a common telecommunications market in Australia and New Zealand, before explaining in Part III the extent to which these two countries are already subject to obligations to liberalise telecommunications and harmonise associated...

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 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...

This volume weaves its way through a number of intersecting fields:chief among them public international law, international investment law, and international trade law. The focus of the analysis is on international investment law, and in particular the significance of the principle of good faith...

As the vision of the TPP as a living agreement recedes, it nevertheless offers a window into the negotiation of trade and investment agreements and the negotiated positions of the 12 TPP countries on a range of matters of crucial importance to the global economy today. Given the rise of...

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...