This chapter addresses the substantive aspects of the exception for Preferential Trade Agreements (PTAs) in relation to goods under Article XXIV of GATT 1994, beginning with an explanation of its structure and scope. The chapter goes on to examine in detail the conditions with which PTAs must...

This chapter discusses what is a treaty and what is its significance in international law; the process by which treaties are formed and the legal effects of treaties at various stages of their formation; the nature, validity and legal consequences of reservations to treaties; the process of...

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,...

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...

Governments impose prudential regulations to ensure the stability of the financial sector and protect depositors and investors. However, these regulations may also restrict trade in financial services. The Annex on Financial Services of the World Trade Organization's (‘WTO') General Agreement...

This chapter examines the interaction between international trade law and international investment law on the one hand with the right to health as a human right on the other. It considers the United Nations treatment of this relationship as well as the right to health and human rights in WTO...

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...

The way WTO dispute settlement balances WTO Members’ obligation to avoid unnecessary obstacles to international trade with their right to enact measures in pursuit of legitimate public policy objectives has drawn much criticism. The contours of this balance are about to stretched in a...

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...

Chapters relating to regulatory coherence or cooperation are likely to be significant features of new preferential trade agreements, including the Trans-Pacific Partnership (TPP). While the potential for harmonisation of standards or institutional cooperation to impact on the regulatory autonomy...