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Publications
Publications (42)
Journal of World Investment & Trade (forthcoming)
Chapters relating to regulatory coherence or cooperation are likely to be significant features of new preferential trade agreements, including the Trans-Pacific Partnership (TPP). While the potential for harmonisation of standards or institutional cooperation to impact on the regulatory autonomy of treaty parties has been well considered, this arti...
As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion...
Since the adoption of the World Health Organization’s WHO Framework Convention on Tobacco Control, governments have been pursuing progressively stronger and more wide-reaching tobacco control measures. In response, tobacco companies are frequently using international trade and investment agreements as tools to challenge domestic tobacco control mea...
This chapter in the forthcoming Elgar Encyclopedia of International Economic Law examines the following topics with respect to Australia: trade; investment; financial regulation; and artificial intelligence. Further information about Australia – including the legislative process, the relationship of legislation with international law, the implement...
This article responds to the growing risk of Investor–State Dispute Settlement (ISDS) claims arising from states’ measures to mitigate climate change, such as fossil fuel phase-outs. It proposes a carve-out that would cover measures that are adopted in good faith and have a reasonable causal nexus with reducing and stabilizing greenhouse gas emissi...
Our submission is focussed on how Australia’s BITs can be modernised to ensure that the promotion and protection of investments is balanced against the need to safeguard policy space for legitimate public-welfare measures or ‘regulatory autonomy’. This discussion responds primarily to Question 4 of the questions for consideration outlined in the DF...
International investment law, and the settlement of investor-state disputes through ad hoc arbitration, is often seen as a threat or limitation on the ability of states to enact measures for the protection of public health. This chapter begins by outlining the coverage of international investment agreements and how the obligations they impose may b...
Cambridge Core - International Relations and International Organisations - The Future of International Economic Integration - edited by Gillian Moon
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 cooperation and its impact on the regulatory autonomy of...
The relationship between the bilateral investment treaty ('BIT') between Australia and China (1988) and the preferential trade agreement between those countries ('ChAFTA') (2015) provides an interesting case study of the coexistence of successive treaties under public international law. ChAFTA contains but a skeleton of an investment chapter, centr...
This article provides an overview of the recently concluded Trans-Pacific Partnership Agreement (TPP), a treaty the parties have described as comprehensive and ambitious, yet also representing a balance of competing interests. The article focuses on the TPP’s chapters relating to investment, services, intellectual property and regulatory coherence,...
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 scope of these obligations is often unclear, as treaty p...
Introduction From the first report of the Appellate Body of the World Trade Organisation (WTO) in 1996 to Joost Pauwelyn's seminal work in 2003, commentators and practitioners alike have been grappling with the thorny relationship between the WTO and public international law. More recently, problems in interpreting and applying WTO provisions in th...
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 scope of these obligations is often unclear, as treaty p...
Recently, several climate scientists have received demands to produce
their raw data, working notes, e-mails, letters, or other
communications. These demands may come in the form of subpoenas, U.S.
Freedom of Information Act (FOIA) requests, or requests during
litigation. Below are some general guidelines for scientists about
complying with their d...
Under existing food labelling rules in Australia, palm oil can be classified generically as a ‘vegetable oil’ on labels. The Community Affairs Committee of the Australian Senate is currently conducting an inquiry into the Food Standards Amendment (Truth in Labelling — Palm Oil) Bill 2010 (Cth) (the ‘Bill’). The Bill seeks to change these rules to r...
This is a commentary on GATT Article XV: Exchange Arrangements. These exchange agreements are the multilateral rules on currency exchange systems that are administered by the IMF and codified in the Articles of Agreement of the IMF, as well as arrangements that may be made between the WTO and one of its Members if that is not also a member of the I...
This is a commentary on GATT Article XIV: Exceptions to the Rule of Non-Discrimination. Article XIV is a complement to Article XII (Restrictions to Safeguard the Balance of Payments) and Sec. B of Article XVIII (Governmental Assistance to Economic Development) GATT, both of which allow trade restrictions to be used for balance of payments reasons....
When deciding whether a general rule is inconsistent with the law of the World Trade Organization (WTO), a distinction has
been drawn between rules that ‘mandate’ violations of WTO law, and rules that provide the ‘discretion’ to violate WTO law.
Measures that include a discretionary element have, under the ‘mandatory/discretionary distinction’, bee...
Democracy and administrative law concern ideas of governance, legitimacy, and accountability. With the growth of bureaucracy and regulation, many democratic theorists would argue that administrative law mechanisms are essential to achieving democratic objectives. This article considers the World Trade Organization’s (WTO) contribution to governance...
Democracy and administrative law concern ideas of governance, legitimacy, and accountability. With the growth of bureaucracy and regulation, many democratic theorists would argue that administrative law mechanisms are essential to achieving democratic objectives. This article considers the World Trade Organization’s (WTO) contribution to governance...
