Showing 1 - 10 of 178
The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has...
Persistent link: https://www.econbiz.de/10013015968
This short article discusses contemporary problems and challenges in the economic relations between India and the US particularly, in view of the ongoing trade disputes and stalled BIT negotiations between the two nations
Persistent link: https://www.econbiz.de/10012964553
The China–Australia Free Trade Agreement (‘ChAFTA') reflects the latest development of trade and investment rules in regional economic integration and is of significance to the future development of the international economic legal order. Through a critical analysis of the major ChAFTA rules...
Persistent link: https://www.econbiz.de/10012940760
International law is not known for being quick or effective. Cases can drag on for years, have limited legal force, and are infamous for noncompliance. Until recently, the World Trade Organization (WTO) dispute settlement process had served as a beacon of hope for being one of the fastest and...
Persistent link: https://www.econbiz.de/10012858885
The Treaty of Waitangi has repeatedly been affirmed as New Zealand's founding document, yet our constitutional arrangements rest on the untrammelled principle of parliamentary sovereignty. This paper argues that the doctrine of parliamentary sovereignty is contrary to the sharing of powers...
Persistent link: https://www.econbiz.de/10013023292
Only days after his inauguration as U.S. President, Donald J. Trump withdrew the United States from the Trans-Pacific Partnership (TPP), a “mega” regional free trade agreement that would have established the world's largest free trade zone. Although President Trump announced that the...
Persistent link: https://www.econbiz.de/10012913295
This article elaborates upon ideas contributed to a symposium considering the possible shape of an Asia Pacific Community, including future trade arrangements within an Asia Pacific Community. It suggests some innovations in dispute settlement that could be considered for inclusion in such...
Persistent link: https://www.econbiz.de/10014173828
The idea of fairness is a recurrent one in international economic law and relations. By and large, however, commentators have failed to provide a structured understanding for this vital concept or explain its reflection in legal rules. This article proposes a theory of fairness as part of a...
Persistent link: https://www.econbiz.de/10014164759
This commentary focuses on Article 8.30 CETA, which is entitled ‘Ethics’ and sets ethical rules for the Members of the CETA Tribunal and the Appellate Tribunal. The European Commission presents this precept in a succinct paragraph, highlighting the key issues addressed and the main novelties...
Persistent link: https://www.econbiz.de/10014242634
This paper addresses treaty-based investor-state arbitration (ISA) and other forms of investor-state dispute settlement. The topic has become particularly controversial for Australia, given its ongoing Free Trade Agreement negotiations with Japan – which is also considering joining...
Persistent link: https://www.econbiz.de/10013097967