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Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domesti ....Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domestic legislation. The project will also provide the first socio-legal account of the WTO Dispute Resolution Body and the interpretive methodologies it employs for interpreting TRIPS. The project will also provide a jurisprudential account that promotes formally and substantively just dispute resolution outcomes.Read moreRead less
International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, le ....International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, legal concepts and sectors, this project reconceptualises the fields of international trade and investment law in order to maximise their coherence. By providing a framework for reform of existing treaties and negotiation of future treaties, the project offers concrete benefits for government and industry through increased consistency and predictability.Read moreRead less
Australia and the European Union: A study of a changing trade and business relationship. The project deepens understanding of the evolution of Australia-EU bilateral relations, and the EU's significant contribution to the Australian economy. It informs public debate and official dialogues in Australia and Europe about the ways in which the relationship may be fostered in future. Project findings contribute an understanding of the common ground and mutual support of Australia and the EU in intern ....Australia and the European Union: A study of a changing trade and business relationship. The project deepens understanding of the evolution of Australia-EU bilateral relations, and the EU's significant contribution to the Australian economy. It informs public debate and official dialogues in Australia and Europe about the ways in which the relationship may be fostered in future. Project findings contribute an understanding of the common ground and mutual support of Australia and the EU in international organisations such as WTO, and the further development of Australian and EU policies that will benefit bilateral trade and investment in both Australia and the EU. The research results will inform Australian government agencies in identifying policy options for further constructive relationships between Australia and the EU.Read moreRead less
Revisiting Australia’s preferential trade agreements and bilateral investment treaties to safeguard regulatory autonomy. This project critically evaluates Australia’s free trade agreements and bilateral investment treaties in the light of recent national and international experience. Its recommendations for systematically revising existing agreements and refining approaches to negotiating new agreements will assist in protecting Australian policy space.
Trade and investment in the face of declining international cooperation. This project aims to investigate the impact and policy implications of trade and investment policies in a world trade system facing increasing uncertainty. The project intends to gain an improved understanding of investment regulations like Investor State Dispute Settlement (ISDS) agreements and their impact on trade and foreign direct investment. Expected outcomes include new theories for the breakdown of international agr ....Trade and investment in the face of declining international cooperation. This project aims to investigate the impact and policy implications of trade and investment policies in a world trade system facing increasing uncertainty. The project intends to gain an improved understanding of investment regulations like Investor State Dispute Settlement (ISDS) agreements and their impact on trade and foreign direct investment. Expected outcomes include new theories for the breakdown of international agreements and their effects on third world countries as well as empirical methods that allow for a quantification of the welfare and employment effects of investment policies like ISDS. This project should provide benefits by informing government policy makers to improve Australia’s trade and investment policies.Read moreRead less
Trade policy, firm entry and welfare. This project aims to quantify the effects of global tariff cuts on international trade volumes, firm entry and consumer welfare. Tariffs have fallen significantly globally. The project will incorporate international-trade theory into a parsimonious quantitative model of international trade including almost all countries. The project will also compile a comprehensive international database on tariff barriers. The project expects to refine international trade ....Trade policy, firm entry and welfare. This project aims to quantify the effects of global tariff cuts on international trade volumes, firm entry and consumer welfare. Tariffs have fallen significantly globally. The project will incorporate international-trade theory into a parsimonious quantitative model of international trade including almost all countries. The project will also compile a comprehensive international database on tariff barriers. The project expects to refine international trade theory on the effects of tariff reductions on firm entry into markets; estimate the effects of actual multilateral and preferential tariff reductions; create a tool for evaluating trade and industrial policy; and disseminate international tariff databases.Read moreRead less
Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking prot ....Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking protection for what appear to be grape varieties rather than geographical indications. Expected outcomes include evidence-based recommendations to government and industry. Project outcomes should benefit Australian economic interests by enhancing Australia’s ability to resist spurious geographical indication claims.Read moreRead less
Economic Diplomacy and National Prosperity. This project aims to examine the effectiveness of economic diplomacy in contributing to Australia’s exports and inflow of foreign investment. The government’s economic diplomacy agenda guides a substantial portion of the activity of the Australian Government Department of Foreign Affairs and Trade (DFAT). With the collaboration of DFAT, the project will develop a dataset to capture characteristics of Australia’s diplomatic sector, export and foreign di ....Economic Diplomacy and National Prosperity. This project aims to examine the effectiveness of economic diplomacy in contributing to Australia’s exports and inflow of foreign investment. The government’s economic diplomacy agenda guides a substantial portion of the activity of the Australian Government Department of Foreign Affairs and Trade (DFAT). With the collaboration of DFAT, the project will develop a dataset to capture characteristics of Australia’s diplomatic sector, export and foreign direct investment ; use a gravity model to identify the determinants of trade and investment through diplomacy for Australia; and estimate the benefits to specific export industries. The project aims to also inform DFAT’s resource allocation, risk management and to assist advocacy in the public domain on trade and investment issues.Read moreRead less
The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of th ....The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of the attitudes of Australia's neighbours to the human rights/trade debate will aid friendly relations and contribute to the promotion of global security, which is enhanced by the promotion of a just global economic system. Australia also benefits by being a world leader in this crucial debate. Read moreRead less
The Global Governance of Tax and Financial Services: Who Regulates, Who Wins, Who Loses. This project analyses the role of power in the global economy, specifically, whether powerful states can establish global rules concerning tax and financial services by coercion. Large states working through international organisations have floated global tax and financial standards that would regulate international competition for mobile investment but also impose disproportionate costs on small states. If ....The Global Governance of Tax and Financial Services: Who Regulates, Who Wins, Who Loses. This project analyses the role of power in the global economy, specifically, whether powerful states can establish global rules concerning tax and financial services by coercion. Large states working through international organisations have floated global tax and financial standards that would regulate international competition for mobile investment but also impose disproportionate costs on small states. If coercion is cheap and easy to use in solving economic disputes large states will be able to impose these standards on small states. If not, large states will instead have to compromise or offer compensation to establish effective regulations.Read moreRead less