Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand

2010 ◽  
Vol 1 (4) ◽  
pp. 437-443 ◽  
Author(s):  
Alessandra Arcuri ◽  
Lukasz Gruszczynski ◽  
Alexia Herwig
Keyword(s):  
International Trade ◽  
New Zealand ◽  
International Law ◽  
Scientific Evidence ◽  
Risk Regulation ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
General Exceptions ◽  
Gatt 1994

The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.

23. International Investment Law

2018 ◽  
Author(s):  
Surya P Subedi
Keyword(s):  
International Trade ◽  
International Law ◽  
International Investment ◽  
International Regulation ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
Finance Law ◽  
Recent Trends ◽  
Investment Law

This chapter discusses the development and current state of international investment law, which encompasses international finance law, international trade law, international investment law, and regional economic trade agreements. Recent progressions in the area of international financial law, international trade law, and investment law demonstrate that other areas of international regulation have a decisive influence on international investment law. Moreover, international investment law is more increasingly focused on development concerns. International investment law is currently going through an exciting phase in its development. It has now become one of the fastest changing areas of international law with exciting and far-reaching implications for both investment-receiving and investment-exporting countries, thanks to enterprising claimants and innovative interpretations and expansive approaches adopted by international investment tribunals. This chapter seeks to capture the law and the recent trends in both State practice and jurisprudence in this area of international law.

scholarly journals The Trade Law Consequences of “Brexit”

2016 ◽  
Vol 7 (4) ◽  
pp. 795-800 ◽  
Author(s):  
Paolo R. Vergano ◽  
Tobias Dolle
Keyword(s):  
Free Trade Agreements ◽  
Trade Agreements ◽  
Risk Regulation ◽  
Trade Law ◽  
Investment Treaty ◽  
Investment Law ◽  
General Exceptions ◽  
Gatt 1994 ◽  
Trade And Investment ◽  
Investment Treaty Arbitration

AbstractThis section highlights the interface between international trade and investment law and municipal and international risk regulation. It is meant to cover cases and other legal developments in WTO law (SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS), bilateral investment treaty arbitration and other free trade agreements such as NAFTA. Pertinent developments in international standardization bodies recognized by the SPS and TBT Agreement are also covered.

Animal Welfare and the Wto: The Legality and Implications of Live Export Restrictions under International Trade Law

2014 ◽  
Vol 42 (2) ◽  
pp. 279-307 ◽  
Author(s):  
Radhika Chaudhri
Keyword(s):  
International Trade ◽  
Animal Welfare ◽  
Export Trade ◽  
The Public ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Export Restrictions ◽  
Set Up ◽  
Live Export

In Australia, controversial incidents regarding the treatment of live animals exported from Australia spark regular debate on whether the live export trade should be banned or more tightly regulated. Government responses to public outcry often take the form of restrictions on the trade of the animals concerned, but the legality of unilateral measures of this kind is yet to be directly considered by the World Trade Organization's Appellate Body. This article examines the legality of imposing restrictions on live export under the international trade law regime set up by the General Agreement on Tariffs and Trade 1994 (‘GATT’),1 and in particular, whether such measures could be justified under Article XX. In exploring this question, special attention is given to the Australian government's new regulatory framework, as introduced by the Export Control (Animals) Amendment Order 2012 (No 1), which imposes an exporter supply chain assurance obligation on Australian suppliers. In addition, in light of the continued calls from animal welfare groups to ban the trade entirely, the legality of a complete moratorium on live exports will also be considered. Although the exceptions in Articles XX(b) and XX(g) of the GATT appear to be relevant to live exports, ultimately any regulation might be best supported under the ‘public morals’ exception in Article XX(a). However, care will need to be taken in the design of any restriction to avoid breaching the strict chapeau requirements of Article XX.

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