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In this paper, we first identify in Part II the benefits of a common telecommunications market in Australia and New Zealand, before explaining in Part III the extent to which these two countries are already subject to obligations to liberalise telecommunications and harmonise associated...
Persistent link: https://www.econbiz.de/10012759632
The latest Appellate Body Report continues the assault through WTO dispute settlement on the practice of 'zeroing' in anti-dumping proceedings. The US - Zeroing (Japan) dispute may put an end to zeroing in most contexts, even in the recalcitrant United States, which continues to decry the...
Persistent link: https://www.econbiz.de/10012764363
As China's economy grows and the global economy is increasingly digitalised, the concept of national security is taking on increasing significance. Contrary to its quiet history, the security exception has now been invoked by different parties in ongoing disputes at the World Trade Organization....
Persistent link: https://www.econbiz.de/10012866768
Several States have terminated international investment agreements ('IIAs') in recent years — some alarmed at unexpected outcomes in certain investor — State cases, and others simply updating their IIAs as they conclude wider economic partnership agreements. States' attempts to extinguish...
Persistent link: https://www.econbiz.de/10013006931
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...
Persistent link: https://www.econbiz.de/10013052349
As evidence of tobacco's devastating effect on human health has grown in recent decades, States' regulatory efforts to restrict tobacco use have correspondingly increased. A key international response to the globalisation of the tobacco epidemic has been the World Health Organization's Framework...
Persistent link: https://www.econbiz.de/10012921446
Good faith is a doctrine that is readily accepted in legal systems. Yet, its distinct meaning has always been elusive. Ideas such as justice and equity are omnipresent in the law. Good faith is counted among such ideas. Their function has been to provide a corrective approach in situations where...
Persistent link: https://www.econbiz.de/10012922117
Chapters relating to regulatory coherence or cooperation are becoming significant features in new preferential trade agreements, including the Trans-Pacific Partnership (TPP). While the existing literature has considered in detail the potential for harmonisation of standards or institutional...
Persistent link: https://www.econbiz.de/10012922118
This volume weaves its way through a number of intersecting fields:chief among them public international law, international investment law, and international trade law. The focus of the analysis is on international investment law, and in particular the significance of the principle of good faith...
Persistent link: https://www.econbiz.de/10012922241
As the vision of the TPP as a living agreement recedes, it nevertheless offers a window into the negotiation of trade and investment agreements and the negotiated positions of the 12 TPP countries on a range of matters of crucial importance to the global economy today. Given the rise of...
Persistent link: https://www.econbiz.de/10012922770