This short note examines the 2010 decision by a panel constituted under Chapter 19 of the North American Free Trade Agreement in ‘Stainless Steel Sheet and Strip In Coils From Mexico: Final Results of 2004/2005 Antidumping Review’. The case concerns the application of the so-called...

This short note examines the report by the Appellate Body of the World Trade Organization (WTO) in ‘China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products’ (circulated 21 December 2009, adopted 19 January 2010)....

Host states not infrequently find themselves responding to claims by investors under international investment agreements (‘IIAs') following a series of corporate steps to enable the claim to take place: restructuring of existing chains of corporate ownership; transfers of assets to new or...

Recent challenges to public health regulation such as Indonesia's challenge to the United States' tobacco flavouring ban in the World Trade Organization (‘WTO'), and the WTO and investment treaty challenges to Australia's plain tobacco packaging scheme, have raised common problems of evidence...

Domestic screening of inbound foreign investment, often on the grounds of national security, has intensified in recent years. More countries are introducing such regimes, while others are expanding their sectoral scope or creating opportunities for retrospective screening. These developments...

This short article addresses the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions in the context of the law of the World Trade Organization (WTO), taking account of interactions between the two organisations and potential disputes between WTO members in...

This short article considers the implications for public health of the award in the investment treaty dispute Philip Morris v Uruguay, challenging certain tobacco control measures of Uruguay including in relation to graphic health warnings. The article also takes account of the jurisdictional...

International trade and international investment agreements typically contain provisions requiring the parties to comply with good governance principles, such as procedural fairness and transparency. These provisions are increasingly the subject of disputes before international tribunals. The...

Trade in services can take many forms (or ‘modes'), such as cross-border delivery, or delivery by a commercial presence in a foreign country. Unlike tariffs or quantitative restrictions on goods, which are imposed at the border, barriers to trade in services are more commonly found ‘behind...