When deciding whether a general rule is inconsistent with the law of the World Trade Organization (WTO), a distinction has been drawn between rules that 'mandate' violations of WTO law, and rules that provide the 'discretion' to violate WTO law. Measures that include a discretionary element...

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...

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...

In this chapter, the authors examine the nature of the exception for regional trade agreements (RTAs) under Article XXIV:5 of GATT 1994. This exception, which aims to maximize the internal trade-liberalizing effects of an RTA while minimizing its external trade-restricting effects, applies...

There is no escaping standard of review in WTO dispute settlement. While the contested national measure and the claims made change from case to case, standard of review is a constant feature. In every case, panels and the Appellate Body must decide how intensively a measure should be reviewed...

Commitments to facilitate climate friendly FDI increasingly feature in investment facilitation agreements, in broader trade agreements and in non-binding green economy agreements. This Perspective argues that commitments for ongoing cooperation, which identify shared priorities and establish...

Under existing food labelling rules in Australia, palm oil can be classified generically as a ‘vegetable oil' on labels. The Community Affairs Committee of the Australian Senate is currently conducting an inquiry into the Food Standards Amendment (Truth in Labelling — Palm Oil) Bill 2010...

The relationship between the bilateral investment treaty (‘BIT') between Australia and China (1988) and the preferential trade agreement between those countries (‘ChAFTA') (2015) provides an interesting case study of the co-existence of successive treaties under public international law....