The Australia-US Free Trade Agreement (AUSFTA) provides an illustration of the outcomes that countries with relatively little bargaining and economic power can expect from an FTA with the US. It also serves as a warning of how even an economically successful developed country may end up...

This chapter focuses on the substantive aspects of the exception for Free Trade Agreements (FTAs) in relation to goods under Article XXIV of GATT 1994, examining in detail the conditions with which FTAs must comply in order to fall within the exception. These conditions relate to the elimination...

Most modern preferential trade agreements (PTAs) contain formal state– state dispute settlement mechanisms, and the Trans-Pacific Partnership Agreement (TPP) will be no exception. The addition of Mexico and Canada to the TPP negotiations brings the total number of TPP parties to 11,...

In this chapter, we explain and evaluate the AUSFTA primarily from an Australian perspective, given that most countries will be in a more or less analogous position to Australia when negotiating an FTA with the US. AUSFTA provides an illustration of the outcomes that countries with relatively...

The growth of digital trade is dependant upon greater interconnectivity across borders. Several countries strive to achieve such interconnectivity and integration in digital trade through international trade agreements. Digital trade integration is a complex, multidimensional process that...

The good health of its population is fundamental to a country's national interest. Regulation of these risk factors, however, presents particular challenges in the light of international trade law and international investment law, as policy interventions often seek behavioural change including...

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 evaluates a number of special legal issues facing the negotiating parties of the Trans-Pacific Partnership Agreement (‘TPP') as they develop a formal State-State dispute settlement mechanism. In particular, it looks at issues relating to conflicts of norms, conflicts of...