- Melbourne Law School - Research Publications
Melbourne Law School - Research Publications
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ItemOperationalizing Special and Differential Treatment in the World Trade Organization: Game Over?Mitchell, AD ; Voon, T (BRILL, 2009-01-01)
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ItemAchieving a common market for telecommunications services in Australia and New ZealandVOON, T. ; MITCHELL, A. ( 2007)
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ItemJUSTICE AT THE SHARP END - IMPROVING AUSTRALIA'S MILITARY JUSTICE SYSTEMMitchell, AD ; Voon, T (UNIV NEW SOUTH WALES, FAC LAW, 2005)
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ItemThe Inherent Jurisdiction of WTO Tribunals: The Select Application of Public International Law Required by the Judicial FunctionMitchell, AD ; Heaton, D (Elsevier BV, 2009-01-01)
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ItemLegal requirements for PTAs under the WTOMitchell, AD ; Lockhart, NJS ; Mercurio, B ; Lester, S (Cambridge University Press, 2009-01-01)
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ItemPTAs and public international lawMitchell, AD ; Voon, T ; Mercurio, B ; Lester, S (Cambridge University Press, 2009-01-01)
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ItemPatents and Public Health in the WTO, FTAs and Beyond: Tension and Conflict in International LawMitchell, AD ; Voon, T (KLUWER LAW INT, 2009-06)By mandating patent protection for pharmaceutical products, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) creates difficulties for developing countries seeking to import medicines to deal with serious public health concerns. In 2001, WTO Members began working towards a solution to this problem. Their work led to a temporary waiver of certain TRIPS obligations and a proposal for a formal amendment of the TRIPS Agreement. However, the waiver remains underutilized and the amendment still lacks the necessary support of WTO Members for it to come into effect, suggesting that Members need to re-evaluate their commitment to affordable medicines while testing the workability of the waiver before making it permanent. Moreover, the potential of bilateral approaches to the problem of access to medicines for developing countries in the context of international trade is not being realized. On the contrary, preferential trade agreements concluded with the United States (US), in particular, are extending patent protection and diminishing flexibilities available under the TRIPS Agreement to address public health concerns. A pattern of contradictions exists between the WTO rhetoric on the one hand and Members’ domestic frameworks, bilateral agreements, and unilateral actions on the other. When it comes to attaining a coherent approach under international law towards reconciling patents and public health, the outlook is bleak.
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ItemLegal principles in WTO disputeMitchell, AD (Cambridge University Press, 2008-01-01)Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.
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ItemDue process in WTO disputesMitchell, A ; YERXA, R ; WILSON, B (Cambridge University Press, 2005-01-01)
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ItemNo Preview AvailableProportionality and remedies in WTO disputesMitchell, AD (OXFORD UNIV PRESS, 2006-11)