scholarly journals Old Seeland, New Netherland and New Zealand: Some Thoughts on the Possible "Discovery" of Investment Treaty Arbitration in New Zealand

2012 ◽  
Vol 43 (4) ◽  
pp. 687
Author(s):  
Lucy Reed ◽  
Robert Kirkness
Keyword(s):  
New Zealand ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The United States ◽  
New Netherland ◽  
Investment Treaty ◽  
Evolving System ◽  
Partnership Agreement ◽  
Investment Treaty Arbitration

New Zealand has to date enjoyed the luxury of engaging with the modern investment treaty regime through only three free-trade agreements with compulsory investor-State arbitration clauses. This may be about to change. New Zealand is negotiating a series of further free-trade agreements, including the Trans-Pacific Partnership Agreement, many of which are likely to provide for investor-State dispute resolution. New Zealand faces a choice in these negotiations: should it reject investment treaty arbitration on the basis that the risks, especially the perceived risks of restricted freedom to regulate, are too great or instead seek to make use of the opportunities investment treaty arbitration presents? This article looks at the evolving system of investment treaty arbitration and the different ways in which States seek to make use of it, with a focus on the Netherlands, the United States, and New Zealand.

Comparing Investment Provisions in India’s FTAs with India’s Stand-Alone BITs

2015 ◽  
Vol 16 (5-6) ◽  
pp. 899-930 ◽  
Author(s):  
Prabhash Ranjan
Keyword(s):  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Bilateral Investment Treaties ◽  
Investment Protection ◽  
Investment Treaty ◽  
Draft Model ◽  
Textual Basis ◽  
Investment Treaties ◽  
Investment Treaty Arbitration

Rising investment treaty arbitration claims against India have resulted in India taking first steps towards a new investment treaty practice. This article argues that this practice should aim at reconciling investment protection with investment regulation. By comparing the formulation of key jurisdictional and substantive provisions in India’s stand-alone bilateral investment treaties (BITs) with those in investment chapters in India’s free trade agreements (FTAs), this article shows that formulations in FTAs investment chapters often present a better textual basis to reconcile investment protection with investment regulation. This could be made part of India’s new investment treaty practice. The article also assesses the provisions in the 2015 draft Model Indian BIT and concludes that the draft tilts the balance too much in favour of the host State’s regulatory power.

Free Traders

2019 ◽  
Author(s):  
Malcolm Fairbrother
Keyword(s):  
Free Trade ◽  
Global Economy ◽  
Multinational Enterprises ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The United States ◽  
Social Scientists ◽  
Historical Case ◽  
Mass Public ◽  
Political Events

This book is about the political events and decisions in the 1980s and 1990s that established the global economy we have today. Different social scientists and other commentators have described the foundations of globalization very differently. Some have linked the rise of free trade and multinational enterprises to the democratic expression of ordinary people’s hopes and desires; others have said they were a top-down project requiring, if anything, the circumvention of democracy. This book shows that politicians did not decide to embrace globalization because of the preferences of the mass public. Instead, using comparative-historical case studies of Canada, Mexico, and the United States, this book shows that politicians’ decisions reflected the agendas and outlooks of various kinds of elites. On the basis of more than a hundred interviews, and analyses of materials from archives in all three countries, the book tells the story of how the three countries negotiated and ratified two agreements that substantially opened and integrated their economies: the 1989 Canada-US and trilateral 1994 North American Free Trade Agreements. Contrary to what many people believe, these agreements (like free trade elsewhere) were based less on mainstream, neoclassical economics than on the informal, self-serving economic ideas of businesspeople. This folk economics shaped the contents of the agreements, and helped bind together the elite coalitions whose support made them politically possible. These same ideas, however, have reinforced some harmful economic misunderstandings, and have even contributed to the recent backlash against globalization in some countries.

Stocktaking and Glimpsing at Trade Law's Next Generation

2017 ◽  
Vol 111 ◽  
pp. 92-95
Author(s):  
Kathleen Claussen
Keyword(s):  
United States ◽  
Free Trade ◽  
Bilateral Trade ◽  
Free Trade Agreements ◽  
Trade Agreement ◽  
Trade Agreements ◽  
The United States ◽  
Asia Pacific ◽  
The European Union ◽  
Trade Law

These remarks are derived from a forthcoming work considering the future of international trade law. Compared with most features of the international legal system, the regional and bilateral trade law system is in the early stages of its evolution. For example, the United States is a party to fourteen free trade agreements currently in force, all but two of which have entered into force since 2000. The recent proliferation of agreements, particularly bilateral and regional agreements, is not unique to the United States. The European Union recently concluded trade agreement negotiations with Canada, Singapore, and Vietnam to add to its twenty-seven agreements in force and is negotiating approximately ten additional bilateral or multilateral agreements. In the Asia-Pacific Region, the number of regional and bilateral free trade agreements has grown exponentially since the conclusion of the Association of Southeast Asian Nations (ASEAN) Free Trade Area of 1992. At that time, the region counted five such agreements in force. Today, the number totals 140 with another seventy-nine under negotiation or awaiting entry into force. The People's Republic of China is negotiating half a dozen bilateral trade agreements at present to top off the sixteen already in effect. India likewise is engaged in at least ten trade agreement negotiations. The World Trade Organization (WTO) reports 267 agreements of this sort in force among its members as of July 1, 2016.

Bilateral Free Trade Agreements: Boon or Bane for Regionalism in East Asia and the Asia-pacific?

2005 ◽  
Vol 4 (2) ◽  
pp. 287-314 ◽  
Author(s):  
Christopher Dent
Keyword(s):  
Structural Foundation ◽  
East Asia ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Free Trade Agreements ◽  
Trade Agreement ◽  
Trade Agreements ◽  
The United States ◽  
Asia Pacific ◽  
Distant Future

AbstractSince the late 1990s there has been a rapid proliferation of bilateral free trade agreement (FTA) projects in East Asia and the Asia-Pacific, regions previously largely devoid of FTA activity by comparison to others. As this trend has intensified, so have discussions on whether it will help advance regional co-operation and integration. This paper examines the nature of FTAs themselves and the main causes of East Asia and Asia-Pacific FTAs. The 'lattice regionalism' hypothesis is considered: whether dense economic bilateralism provides a sub-structural foundation on which economic regionalism (i.e. co-operation and integration) can build. Closely related is the issue of competing FTA models and modalities in the Asia-Pacific, and special attention is afforded to the 'asymmetric neoliberal' FTA model of the United States and the 'developmental–industrial' FTA model championed by Japan. It is argued that the contrasts between these make the emergence of an Asia-Pacific FTA unlikely in even the distant future. Japan's FTA model is also considered relative to perhaps East Asia's most important FTA project, the ASEAN–China FTA (ACFTA), and we discuss how bilateral FTA developments in the region more generally may or may not lead to enhanced regional economic co-operation and integration in East Asia.

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.

Reforms of Korea's Trade Adjustment Assistance Program for Its Bilateral Free Trade Agreements with the European Union and the United States

2011 ◽  
Vol 10 (1) ◽  
pp. 32-55 ◽  
Author(s):  
Inkyo Cheong ◽  
Jungran Cho
Keyword(s):  
United States ◽  
Free Trade ◽  
Structural Adjustment ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The United States ◽  
The European Union ◽  
Trade Adjustment Assistance ◽  
Assistance Program ◽  
Trade Adjustment

The Korean government introduced the trade adjustment assistance (TAA) program to facilitate structural adjustment under the implementation of its free trade agreements (FTAs). One big problem with the TAA program is that its criterion for eligibility for TAA support requires a 25 percent decrease in sales volume, and this does not reflect firms' business realities. The TAA program should be reformed to reflect that the TAA is a quid pro quo for the implementation of FTAs with large economies such as the United States and the EU.

scholarly journals Trade Special Issue: Foreword

2006 ◽  
Vol 37 (3) ◽  
pp. 339
Author(s):  
Meredith Kolsky Lewis
Keyword(s):  
New Zealand ◽  
Cost Effectiveness ◽  
Free Trade ◽  
Medical Devices ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Special Issue ◽  
Trade Law ◽  
Fisheries Subsidies ◽  
Domestic Sale

This foreword introduces four articles featured in this volume of the Victoria University of Wellington Law Review, all of which address trade law from diverse angles: Oliver Delvos "WTO Disciplines and Fisheries Subsidies – Should the SCM Agreement Be Modified?" (2005) 37 VUWLR 341; Thomas A Faunce, Kellie Johnston, and Hilary Bambrick "Trans-Tasman Therapeutic Products Authority: Potential AUSFTA Impacts on Safety and Cost-Effectiveness Regulation for Medicines and Medical Devices in New Zealand" (2005) 37 VUWLR 365; Jane Kelsey "Free Trade Agreements – Boon or Bane: Through the Lens of PACER" (2005) 37 VUWLR 391; and Nicholas Whittington "Reconsidering Domestic Sale of Goods Remedies in Light of CISG" (2005) 37 VUWLR 421.

scholarly journals Assessing the Economic Impact of North-South Free Trade Agreements -- China-New Zealand Free Trade Agreement and China-Australia Free Trade Agreement

2021 ◽  
Author(s):  
◽  
Jinzhu Zhou
Keyword(s):  
New Zealand ◽  
Economic Impact ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Dynamic Effect ◽  
Trade Agreement ◽  
Trade Agreements ◽  
Developed Countries ◽  
Competition Effect ◽  
The North

<p>This research develops a model of assessing the economic impact of free trade agreements (FTAs) between developed countries and developing countries (north-south FTAs). This model goes beyond the conventional studies that use static effects in traditional gains as primary indicators of the economic impact, and incorporates dynamics effects as well as non-traditional gains for a more accurate assessment. The research uses China's north-south FTAs, namely, China's FTA with New Zealand - the first comprehensive FTA that China has signed with a developed country - and the proposed FTA between China and Australia. Both cases provide an ideal empirical basis for testing the proposed model. After introduction of the research problem, design and methodology, Part I of the study provides a general discussion of the FTAs between China and New Zealand, and China and Australia as a background to the research. Part II starts with the conventional model of traditional gains. It first demonstrates how the static effect of the north-south FTA is analyzed in Robson's three-country model. It shows that in his model, the trade creation effect is dominant in the free trade area. The study then introduces the concept of dynamic effect of traditional gains. The study first uses the Revealed Comparative Advantage (RCA) index to analyse the competition effect of trade in goods by industries among China, New Zealand and Australia. It then discusses the competition effect of trade in services in categories through Trade Competitive Power (TC) indexes. The study further examines the effect of investment creation after the China-New Zealand FTA and China-Australia FTA entered into force. The findings of this section on the dynamic effect are that China would have negative impact on cattle husbandry, forestry, mining and some categories of services which are also the industries that New Zealand and Australia would further develop in China's market. In Part III, the study discusses non-traditional gains as important indicators of the economic impact of FTAs. It incorporates the hub & spoke theory (H&S) with Regional Trade Agreements (RTAs) strategies of China, New Zealand and Australia. The study shows that the north-south FTAs are important components for both developed countries and developing countries' RTAs strategies. The China-New Zealand FTA and the proposed China-Australia FTA are the wedges between China and the advanced economies system. Meanwhile, the China-New Zealand FTA will be a model for future north-south FTAs involving China. This thesis contributes to our understanding of the complicated and dynamic relationship between FTAs among countries of different levels of economic development and their overall economic growth and development. It also adds to our knowledge about how this relationship can be better analyzed and explained.</p>

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