Innovative Mechanisms for Resolving or Avoiding Inter-State Trade Disputes in an Asia-Pacific Regional Free Trade Agreement

By Williams, Brett G. | Australian International Law Journal, Annual 2011 | Go to article overview

Innovative Mechanisms for Resolving or Avoiding Inter-State Trade Disputes in an Asia-Pacific Regional Free Trade Agreement


Williams, Brett G., Australian International Law Journal


Abstract

This article elaborates upon ideas contributed to a symposium considering the possible shape of an Asia Pacific Community, including future trade arrangements within an Asia Pacific Community. It suggests some innovations in dispute settlement that could be considered for inclusion in such arrangements. The author suggests some innovative mechanisms by focussing on the way in which trade agreements and the dispute settlement mechanisms influence the internal political position of governments. The first mechanism would provide for a pre-quantification of the extent of retaliation that would he permitted should a complaint be successful. This mechanism would encourage respondent governments to focus earlier on weighing the potential loss of political support from exporters with any political support from import competing producers. The second mechanism would provide for free publication of an expert economic report on the economic welfare cost to the respondent of maintaining the protectionist measure subject to the complaint. This mechanism could increase the political weight attributed by the respondent government to the overall economic effects of the controversial measure. The paper further suggests that something similar to the second mechanism could be adopted as a separate transparency mechanism unrelated to dispute settlement. Such a mechanism might make it more likely that governments reform protectionist measures so as to avoiding the possibility of any legal dispute ever arising.

Introduction

The article in this issue by Micah Burch and Luke Nottage (1) describes some of the regional and bilateral trade initiatives (for example, the Asia-Pacific Economic Cooperation forum (2)) and some of the bilateral and regional trade agreements ('BRTAs') (for example, the Japan Singapore Free Trade Agreement of 2001, (3) the Australian Singapore Free Trade Agreement of 2003, (4) the ASEAN-China Framework Agreement, (5) the Trans-Pacific Rartnership Agreement of 2005 between Brunei Darussalarn, Chile, New Zealand and Singapore) (6) in place and under negotiation (the proposed ASEAN plus three--is China, Japan and Korea--the expansion in membership of the Trans-Pacific Partnership) among nations of the Asia-Pacific region. Burch and Nottage then discuss some novel approaches to mechanisms which could be built into existing agreements or any further agreements in the region to help resolve disputes:

1. the inclusion of investor State arbitration mechanisms for resolving disputes arising when Status engage in conduct that detrimentally affects foreign investors; and

2. the inclusion of mandatory arbitration provisions like those in the Organisation for Economic Cooperation and Development ('OECD') model tax treaty for resolution of double tax disputes enabling taxpayers to ensure double tax disputes between different States are resolved.

This article makes some suggestions for novel approaches to resolving disputes between States arising from alleged breaches of the market access commitments contained in any BRTA among Asia-Pacific nations. These mechanisms could be considered in the context of existing BRTAs or in new BRTAs under negotiation or indeed in any wider Asia-Pacific Economic Community should such a thing ever come into existence. The suggested mechanisms are designed to be compatible with any unilateral initiatives in individual countries or to be capable of being multilateralised into World Trade Organization ('WTO') rules should any pair or group of Asia-Pacific countries find the mechanism workable and worthy of a proposal for amendment of WTO dispute resolution procedures.

The suggested mechanisms for resolving trade disputes between States are:

1. a mechanism for pre-quantifying the extent of permissible retaliation, that is: provision for an early estimation of the possible retaliation that could be imposed should a complaint be successful; and

2. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Innovative Mechanisms for Resolving or Avoiding Inter-State Trade Disputes in an Asia-Pacific Regional Free Trade Agreement
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.