Melbourne Law School - Research Publications

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Now showing 1 - 8 of 8
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    JUSTICE AT THE SHARP END - IMPROVING AUSTRALIA'S MILITARY JUSTICE SYSTEM
    Mitchell, AD ; Voon, T (UNIV NEW SOUTH WALES, FAC LAW, 2005)
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    ELIMINATING TRADE REMEDIES FROM THE WTO: LESSONS FROM REGIONAL TRADE AGREEMENTS
    Voon, T (CAMBRIDGE UNIV PRESS, 2010-07)
    Abstract As the global financial crisis threatens to manifest in enhanced protectionism, the economic irrationality of dumping, countervailing, and global safeguard measures (so-called ‘trade remedies’) should be of increased concern to the Members of the World Trade Organization (‘WTO’). Long tolerated under the WTO agreements and perhaps a necessary evil to facilitate multilateral trade liberalization, elimination of trade remedies is far from the agenda of WTO negotiators. However, a small number of regional trade agreements offer a model for reducing the use of trade remedies among WTO Members in the longer term, consistent with WTO rules and broader public international law.
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    OPEN FOR BUSINESS? CHINA'S TELECOMMUNICATIONS SERVICE MARKET AND THE WTO
    Voon, T ; Mitchell, A (OXFORD UNIV PRESS, 2010-06)
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    PTAs and public international law
    Mitchell, AD ; Voon, T ; Mercurio, B ; Lester, S (Cambridge University Press, 2009-01-01)
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    Patents and Public Health in the WTO, FTAs and Beyond: Tension and Conflict in International Law
    Mitchell, 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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    The Facts Aside The Limitation of WTO Appeals to Issues of Law
    Voon, T ; Yanovich, A (KLUWER LAW INT, 2006-04)
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