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Table of Treaties

The Evolution of Australian Policy on Trade and Investment

Andrew D. Mitchell, Elizabeth Sheargold and Tania Voon

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Regulatory Autonomy and the Evolution of Australia’s Participation in PTAs and BITs

The Evolution of Australian Policy on Trade and Investment

Andrew D. Mitchell, Elizabeth Sheargold and Tania Voon

Although a major proponent of multilateralism, in recent decades Australia has become an enthusiastic participant in bilateral and regional economic initiatives. This chapter provides an overview of Australia’s entry into preferential trade agreements and bilateral investment treaties, situating each generation of these agreements in its political and economic context. It examines how the scope, objectives and content of these agreements have changed over time, identifying key factors that have influenced these changes. The chapter also explains the meaning of ‘regulatory autonomy’ in this book and outlines the structure and purpose of the rest of the book. By their very nature, trade and investment agreements limit regulatory autonomy, by precluding States from implementing policies that adversely affect international trade or foreign investment. This chapter explains why services, intellectual property and investment are of particular concern for Australia, as explored in greater detail in subsequent chapters. Keywords: international economic law, investment, policy space, public international law, regionalism, trade

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Edited by Thomas Cottier, Krista Nadakavukaren Schefer, Jonas Baumann, Brigitta Imeli, Julian Powell and Rebecca Gilgen

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Edited by Thomas Cottier, Krista Nadakavukaren Schefer, with Jonas Baumann, Brigitta Imeli, Julian Powell and Rebecca Gilgen

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Edited by Thomas Cottier, Krista Nadakavukaren Schefer, with Jonas Baumann, Brigitta Imeli, Julian Powell and Rebecca Gilgen

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Edited by Thomas Cottier, Krista Nadakavukaren Schefer, Jonas Baumann, Brigitta Imeli, Julian Powell and Rebecca Gilgen

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Edited by Thomas Cottier, Krista Nadakavukaren Schefer, with Jonas Baumann, Brigitta Imeli, Julian Powell and Rebecca Gilgen

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Edited by Thomas Cottier, Krista Nadakavukaren Schefer, Jonas Baumann, Brigitta Imeli, Julian Powell and Rebecca Gilgen

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Edited by Thomas Cottier, Krista Nadakavukaren Schefer, with Jonas Baumann, Brigitta Imeli, Julian Powell and Rebecca Gilgen

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History and theoretical foundations of traditional BTAs

Fostering Environmental Protection

Alice Pirlot

The history of BTAs has been largely unexplored by the literature. Nevertheless, the historical analysis of traditional BTAs may contribute to a better understanding of BTAs’ main purpose and WTO legal limits to their adoption. This chapter discusses the historical development of BTAs against the background of the removal of tariffs, from Ricardo’s economic theory on free trade to more recent views expressed at the political level since the mid-20th century. This chapter first analyses BTAs’ economic foundations (Section 1). Second, the political history of BTAs is discussed (Section 2). Finally, this chapter offers an overview of BTAs’ main theoretical foundations (Section 3). Keywords: economic & political history; theoretical foundation; Ricardo; theory of comparative advantage; theory of absolute advantage