This paper examines the recent WTO Panel Report in US- Clove Cigarettes within the context of the other two ongoing WTO disputes concerning US measures under the WTO's Agreement on Technical Barriers to Trade. Appeals in two of the cases are underway and the third is anticipated, providing the...

In the wake of recent developments in United States administrative practice concerning the so-called 'zeroing' methodology in anti-dumping proceedings, it is worth looking back to certain key WTO Panel Reports issued in 2011. These decisions, and the United States' decision not to appeal them,...

Twelve-country negotiations towards the Trans-Pacific Partnership Agreement (‘TPP’) are drawing to a close. The treaty has an ambitious agenda and could radically reshape trade in the Asia-Pacific region. At the same time, the TPP obligations have the potential to significantly restrict the...

The Agreement on Technical Barriers to Trade ('TBT Agreement') of the World Trade Organization (WTO) regulates the requirements that WTO Members may impose on product labels and other 'technical regulations'. Requirements that discriminate against or between imported products are particularly...

This article explores the distinction between law and fact in the context of dispute settlement in the World Trade Organization (WTO) and, in particular, the limitation of appeals to issues of law pursuant to Article 17.6 of the Understanding on Rules and Procedures Governing the Settlement of...

As the World Trade Organization heads towards the Hong Kong Ministerial Conference in December 2005 and the Appellate Body celebrates its 10th anniversary, it is worth reflecting on the proposals advanced in the ongoing review of the Dispute Settlement Understanding that relate specifically to...

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...

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...

Australia is set to become the first country in the world to implement a scheme mandating the plain packaging of tobacco products. The outcome of the scheme in Australia in the coming months and years will establish a critical precedent for both tobacco control interests and the tobacco...