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...

This draft chapter compares the Trans-Pacific Partnership Agreement (TPP) with the Australia-United States Free Trade Agreement, reflecting on relevant developments in the Australia-United States relationship including with respect to agriculture and biologic medicines. The chapter focuses on...

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...

The purported solution to international mobile roaming charges agreed by negotiators of the Trans-Pacific Partnership (‘TPP’) has been hailed as one of the key achievements of the Telecommunications Chapter, and the treaty more broadly, especially within Australia. Apparent market failure in...

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 paper considers overlaps between the law of the World Trade Organization, international human rights law, and cultural laws and regulations in domestic and international contexts. The paper considers in particular the treatment of 'cultural products' (audiovisual products and printed...

Along with many other countries, Australia is considering implementing a tax on digital services to try to capture more of the revenues of digital businesses, which may operate without a substantial physical presence in the country. Although traditional approaches to tax may need wholesale...

This short paper reflects on developments in international trade affecting the security exception in the law of the World Trade Organization (WTO). The paper cautions against the increasing invocation of the exception in disputes and encourages progress in other areas of trade to avoid a WTO...

This dispute is one of the most important ever decided in the World Trade Organization, providing the only discussion in a WTO Panel or Appellate Body Report to date of the security exception in Article XXI of the General Agreement on Tariffs and Trade 1994. It has significant implications for...