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...

As the global financial crisis threatens to manifest in enhanced protectionism, the economic irrationality of dumping, countervailing, and global safeguard measures (so-called ‘trade remedies’) should be of increased concern to the Members of the World Trade Organization (‘WTO’). Long...

Intellectual property is routinely regulated by international investment agreements (‘IIAs’) as a protected class of investment. However, it has only emerged as a subject of investment claims in recent years and in relatively few niche cases, and as such the relationship between intellectual...

This short paper explains a number of international developments demonstrating continuing tensions between intellectual property rights and health. In particular, it examines steps at the World Health Organization in relation to so-called 'counterfeit' medicines and the Protocol to Eliminate...

Australia’s standardised tobacco packaging legislation will be fully implemented on 1 December 2012 but remains subject to challenge in the World Trade Organization and under the Hong Kong – Australia Bilateral Investment Treaty. This world-first scheme has proved controversial, particularly...

This chapter outlines political, legal and economic aspects of Australia’s inward foreign investment screening regime, taking account of the historical development of the legislative framework and its practical implementation to date. Australian screening is characterised by high levels of...

Focusing on the agreements on trade in goods of the World Trade Organization (WTO), Multilateral Rules on Trade in Goods – Exceptions and Regulatory Autonomy outlines various provisions that grant WTO Members discretion in conforming with WTO rules. These include general exceptions (such as...

The EC-Seal Products dispute raises fundamental questions about the relationship between public morals and international trade. Can WTO members impose trade restrictions based on moral or ethical concerns? Under what conditions can these concerns trump existing trade liberalization commitments?...

Tobacco regulation forms a key part of responding to an acknowledged global epidemic. As tobacco regulation has intensified around the world, tobacco companies have used increasingly bold domestic and international legal challenges to defeat or delay stronger regulation. This volume offers a...

Trade-restrictiveness is a familiar concept across various provisions and agreements of the World Trade Organization (WTO), but its precise meaning remains vague. In many WTO disputes, the existence or degree of trade-restrictiveness of a challenged measure is simply assumed or addressed in a...