Investor-State Dispute Settlement between Developed Countries

Investor-State Dispute Settlement between Developed Countries

Author: William S. Dodge

Publisher:

Published: 2012

Total Pages: 37

ISBN-13:

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Free Trade Agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host State before an international tribunal without exhausting domestic remedies. This has resulted in a number of claims against the United States by Canadian investors and against Canada by U.S. investors. Chapter 11 of the Australia-United States Free Trade Agreement (AUSFTA) does not permit direct claims, relying instead on a State-to-State dispute resolution mechanism. This paper reviews the evolution of investment-dispute resolution from diplomatic protection to NAFTA and AUSFTA. It suggests that because developed countries have developed legal systems capable of resolving investment disputes expeditiously and without bias, it should be possible to marry the advantages of direct claims with those of the local remedies rule, allowing investors to enforce their own rights under a treaty but requiring them to do so in domestic courts first.


How Diplomatic Lobbying Affected the US-Australia Free Trade Agreement Negotiations

How Diplomatic Lobbying Affected the US-Australia Free Trade Agreement Negotiations

Author: Dr. John Chuol Muon (Ph.D.)

Publisher: GRIN Verlag

Published: 2022-06-08

Total Pages: 35

ISBN-13: 3346658457

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Academic Paper from the year 2018 in the subject Economics - International Economic Relations, grade: A, , course: International Relations, language: English, abstract: The first of January 2005 marked a new beginning for the country of the USA and Australia in their quest towards prosperity, economic integration, and a strong partnership. As heralded by the Australian government of the time, “once in a lifetime deal” that tied them to the world’s biggest economy and the most powerful country. Thus, it came into force the Australia-US Free Trade Agreement (AUSFTA) as a bilateral trading partnership between the two countries. The Trade Agreement that was proposed by the USA to Australia as long back as in 1945, but not until the strong tie between George W Bush and John Howard, that the proposal finally started moulding into shape. With President Bush giving a green signal for the Free Trade Agreement to be taken forward in 2001, the Centre for International Economics (CIE) was deputed by the Australian Department of Foreign Affairs and Trade (DFAT) in 2004 to make an analysis of the Economic Impact of the AUSFTA on the Australian Trade Front. CIE concluded in the prospects of large economic gains of the country. Thus the two governments celebrated the initiation of a ‘win-win’ trade agreement which would go beyond economic impacts and would result in a strong partnership between the two countries in the next round of WTO DOHA multilateral trade negotiations and result in a successful relationship with their counterparts in the Asia Pacific region.


International Trade in East Asia

International Trade in East Asia

Author: Takatoshi Ito

Publisher: University of Chicago Press

Published: 2007-11-01

Total Pages: 431

ISBN-13: 0226379000

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The practice of trading across international borders has undergone a series of changes with great consequences for the world trading community, the result of new trade agreements, a number of financial crises, the emergence of the World Trade Organization, and countless other less obvious developments. In International Trade in East Asia, a group of esteemed contributors provides a summary of empirical factors of international trade specifically as they pertain to East Asian countries such as China, Japan, Korea, and Taiwan. Comprised of twelve fascinating studies, International Trade in East Asia highlights many of the trading practices between countries within the region as well as outside of it. The contributors bring into focus some of the region's endemic and external barriers to international trade and discuss strategies for improving productivity and fostering trade relationships. Studies on some of the factors that drive exports, the influence of research and development, the effects of foreign investment, and the ramifications of different types of protectionism will particularly resonate with the financial and economic communities who are trying to keep pace with this dramatically altered landscape.


That's Freedom

That's Freedom

Author: Madelaine Chiam

Publisher:

Published: 2004

Total Pages: 36

ISBN-13:

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The proposed US-Australia free trade agreement is part of the Australian government's broader commitment to free trade agreements in general. This paper examines the legal and constitutional implications of free trade agreements for Australia and their impact on the relationship between the three arms of government.