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Full-Text Articles in International Trade Law

The Asean–Australia–New Zealand Fta (Aanzfta), Meredith Kolsky Lewis Feb 2016

The Asean–Australia–New Zealand Fta (Aanzfta), Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 6 in 2 Bilateral and Regional Trade Agreements: Case Studies (2d ed.), Simon Lester, Bryan Mercurio & Lorand Bartels, eds.

The ASEAN–Australia–New Zealand FTA (AANZFTA) combines two different pre-existing country groupings of long-standing. The first of these is ASEAN, the Association of Southeast Asian Nations, which was founded in 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. This grouping has expanded over the years, with Brunei Darussalam joining in 1984, followed by Vietnam in 1995, Laos and Myanmar in 1997, and Cambodia in 1999. While ASEAN has existed for nearly 50 years, for most of that …


When Popular Decisions Rest On Shaky Foundations: Systemic Implications Of Selected Wto Appellate Body Trade Remedies Jurisprudence, Meredith Kolsky Lewis Jan 2016

When Popular Decisions Rest On Shaky Foundations: Systemic Implications Of Selected Wto Appellate Body Trade Remedies Jurisprudence, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 9 in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita, Julien Chaisse & Tsai-yu Lin, eds.

This chapter argues that the WTO Appellate Body has not been consistent in applying Article 31 of the VCLT and considering the context of the relevant treaty text in light of its object and purpose. It has instead either been overly mechanistic in its textual interpretation or has strayed from the text, sometimes with the appearance of preferring an outcome-based result. Part I of the chapter discusses the appropriate role context should play in interpreting the WTO agreements. …