Along with many other countries, Australia is considering implementing a tax on digital services to try to capture more of the revenues of digital businesses, which may operate without a substantial physical presence in the country. Although traditional approaches to tax may need wholesale...

This chapter provides a snapshot of how international trade and investment law can protect foreign investments in the resources sector. It first considers the applicability to the resources sector of international trade law, primarily found in the law of the World Trade Organization (‘WTO’)...

Cross-border paperless trade is increasingly important to generate economic gains in a digitalised economy. Several developing and least developed countries will need to modernise their domestic laws and regulations to facilitate cross-border electronic transmissions, particularly to promote...

Cross-border paperless trade is increasingly important to generate economic gains in a digitalised economy. Several developing and least developed countries will need to modernise their domestic laws and regulations to facilitate cross-border electronic transmissions, particularly to promote...

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...

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...

This article begins by describing the international crime of genocide, and considers Australia's response to its international obligations regarding genocide in the context of its implementation of international human rights generally. It then sets out the background to Nulyarimma v Thompson and...

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...

Several States have terminated international investment agreements ('IIAs') in recent years — some alarmed at unexpected outcomes in certain investor — State cases, and others simply updating their IIAs as they conclude wider economic partnership agreements. States' attempts to extinguish...

This chapter examines the prominent role that Australia has played in the multilateral trading system, with a specific focus on the WTO and Australia's preferential trade agreements (PTAs). Australia has been actively involved in the WTO, through GATT and WTO negotiations, WTO committee work,...