Previous issues:

WTO challenge to China's IP protection and enforcement regime – who won? WTO Update

Chile – Australia FTA can bring immediate benefits Complying with Australian export controls Changes to Australian foreign investment real estate policy Treasurer announces amendments to the Foreign Acquisitions & Takeovers Act

New policy needed for brewing trade cyclone

The current edition of  Trade Law Focus begins with an overview of the newly announced EU-Australia partnership framework, which hints at the direction and priorities of this key bilateral relationship.  We also report on Australia's new guidelines on foreign investment, the adoption of UNCITRAL model law on cross-border insolvency, the Mortimer Report on export policies, the Government's deposit guarantee scheme and we review Australia's expanding free trade agenda.  We conclude, as always, with a roundup of important developments, issues and cases in the international trade arena. The articles in this edition include: New EU - Australia Partnership Framework Aligning foreign investor guidelines with Australia's national interest Australia's Expanding FTA Agenda Australia Adopts UNCITRAL Model Law on Cross-Border Insolvency Brazil to challenge US ethanol protection at the WTO Mortimer Report calls for national export and investment strategy Increased use of anti-dumping remedy around the world Subsidising and dumping of traded services Foreign corrupt practices and sanctions regimes – enforcement activity increasing Anti-subsidy case against Chinese exporters dropped ADI Scheme tests Australia's international financial services commitments WTO Update Minter Ellison – University of Canberra WTO law courses 25 & 28 November Click here to view the newsletter.

We highlight the developments that occurred in WTO dispute settlement between 31 January 2008 and 24 June 2008.

As Australians becoming increasingly aware of the impact their choices of consumer goods and services are having on the environment, many businesses are recognising the opportunity to differentiate themselves from their competitors on their 'green credentials'.

New data released by the Productivity Commission in its Trade and Assistance Review 2006-07 highlights a historically low level of anti-dumping proceedings being initiated in Australia.

The Productivity Commission's recent examination on the Australian Government's subsidisation of biofuels such as ethanol fits into a wider international discussion about the merits of biofuels in the context of sharply rising international food prices.

On 24 March 2008 the International Trade Integrity Act was introduced in response to the Inquiry into certain Australian companies involved in the UN Oil-for-Food Programme. The Inquiry's Report recommended that offences be created for individuals and companies acting contrary to UN sanctions that Australia has agreed to uphold.

The World Trade Organization panel was asked to consider the legality of US and Canadian trade sanctions against the European Communities. The panel handed down its report in April, which contained a number of recommendations in relation to compliance.

Australia's participation in a growing number of World Trade Organization disputes either as a 'party' or so-called 'third party' raises some important questions on how WTO disputes work and how long they take to resolve?

New Zealand has become the first developed country to secure a Free Trade Agreement with China. While the FTA provides for improved access for New Zealand producers and investors into China, it is primarily a strategic move to strengthen ties with the world's next superpower.

Are we really entering the final stages of the World Trade Organization's long outstanding multilateral trade negotiations that were initially launched in Doha in late 2001? Or are we about to witness yet another example of world trade negotiators teasing us with a conclusion to the Doha Round?

We highlight the developments that occurred in WTO dispute settlement between 17 August 2007 and 31 January 2008.

A review of Australia's anti-dumping activity in 2007 shows a moderate decline, with an overwhelming focus on the plastic and chemical sectors.

It is well understood that quarantine measures may be subjected to review in the World Trade Organization , but a recent case under the North American Free Trade Agreement highlights the possibility that quarantine measures may also be reviewable under investment treaties.

Contrary to popular belief, the World Trade Organization can accommodate environmental protection measures so long as, amongst other things, the discriminatory nature of such measures are minimised as much as possible.

The treatment and transparency of Sovereign Wealth Funds has been thrown into the spotlight following concerns arising from the credit crunch fallout.

A recent arbitral decision in Europe has confirmed that 'most favoured nation' clauses can extend investor-state dispute settlement rights.

In an attempt to reinvigorate Australia's export market and strengthen our presence on the international stage Australia's new Minister for Trade, Simon Crean, has indicated that Australia's trade polices and programs will be reviewed.

A summary of dispute settlement activity between 1 May and 17 August 2007.

A discussion paper on services exports issued by the Business Council of Australia, argues that a fundamental policy shift is needed to realign Australia's services export levels with the growing value of services exports globally.

The International Trade Integrity Bill 2007 was recently introduced into Australian Parliament to help strengthen Australia's regime for dealing with the behaviour of domestic companies within international markets. Once enacted the Bill will require traders to seek a permit to export to any country subject to sanctions.

Tonga has recently joined the World Trade Organization (WTO) and is one of the relatively small group of Pacific Island Forum Countries to hold WTO membership.

In recognising the importance of enhancing the economic relationship between the two countries, the bilateral investment agreement between Australia and Mexico has now entered into force. The Agreement offers Australian companies enhanced protections for their investments in Mexico (and vice versa).

There is a delicate balance between effectively combating climate change and recklessly protecting domestic industries from fair trade. In recent times, some of the tools being advocated and used to address climate change appear to have crossed that line, including the 'food miles' concept'.

The World Trade Organization's ongoing negotiations are struggling, notwithstanding recent efforts by the Chairs of the Negotiating Groups on Agriculture and Non-Agriculture Market Access.

A summary of dispute settlement activity between 30 January and 30 April 2007.

Trade policy was largely absent from political debate during the recent French presidential campaign. The issue was sidelined in favour of domestic issues, with the importance of agriculture in French culture made starkly obvious.

The World Trade Organization reviews each member's trade and related policies at regular intervals. Australia and the European Communities have recently undergone their trade policy reviews. Australia was acknowledged as a relatively open economy and active supporter of the WTO system, even though a number of Australia’s trading partners continued to voice concern over the strictness of Australia’s biosecurity regime. The EC in turn was praised for its active involvement in multilateral trading system and its relatively liberal trade regime, apart from agricultural products, which remain highly protected.

This article explains the distinction between bound and applied tariffs and how they are used.

As Australia negotiates new Free Trade Agreements with emerging markets such as China, investor-state dispute settlement provisions in international trade treaties provide an important opportunity to secure better rights and protections for Australian investors overseas.

A World Trade Organization (WTO) dispute settlement panel has just issued the latest ruling in the ongoing dispute between the United States and Antigua and Barbuda over US compliance with its WTO obligations. The ruling is significant because it considers a country's fundament rights to regulate its gaming industry and protect public morals, raises the issue of equal access to justice in the WTO context and raised some novel issues in relation to the trade in services.

The 2007 edition of the National Trade Estimate Report on Foreign Trade Barriers (NTE) was released recently by the United States’ Trade Representative. The NTE canvasses a range of 'barriers' to US trade Australia and New Zealand.

With the clock ticking on trade negotiations, the likelihood of increasing disputes and uncertainty provides global economic players a chance to assess their real priorities. This article examines key issues that will impact on the relevance of the WTO negotiations and trade liberalisation

A summary of dispute settlement activity between 9 December 2006 and 30 January 2007.

The World Wine Trade Group comprising Argentina, Australia, Canada, Chile, New Zealand and the United States, recently signed an international treaty on wine labelling in an attempt to standardise the information contained on wine labels such as product designation, volume, alcohol content and country of origin.

Historically dismissed as largely irrelevant to the day-to-day business decisions of Australian companies in Thailand, recent events may make the TAFTA an important safeguard for Australian companies doing business in the Thai market.

Vietnam successfully brought to a close its accession negotiations and formally joined the World Trade Organization in mid-January 2007.

Key World Trade Organization (WTO) trade ministers recently met on the margins of the World Economic Forum in Davos, Switzerland. The informal ministerial gathering was an attempt to revive the WTO negotiations which were suspended last year.