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Although free trade law and environmental law especially contained in multi lateral environmental agreements (MEAs) are more or less compatible, however, some twenty MEAs might create a conflicting situation with the GATT/WTO regime. Efforts through CTESS are being made to make the two regimes compatible with each other. But an amicable solution towards harmonizing them still seems to be far. It is said that if all WTO Member states have the political will to agree to one suggestion, the problem can be solved. But due to politicization of the WTO, a common view is difficult to be reached. It is true that all states want protection of the environment. It is evident from the fact that many MEAs have relatively a large number of members, and their member states are sincerely working on enforcing treaty norms contained in them. But when it comes to a conflict situation with international trade, differences among them becomes eminent. In spite of this, an optimistic view that the two regimes can be made complementary to each other is still being given importance. It is for this reason that states are forwarding their suggestions to the CTESS and the discussion is being carried forward on those suggestions. The paper critically examines the reality of ‘conflict or congruity’ between free trade law and environmental law, evaluates various suggestions to make the two regimes compatible with each other, and offers one suggestion that can bring about harmony and will be viable.

The purpose of this paper is to analyze the potential for tariff reduction under the most favored‐nation (MFN) provision of international trade law as it is written, lex lata.

The paper analyzes differences in average tariff rates applied to imports under the MFN provision of international trade law. Two empirical methods are used; an analysis of variance to estimate significant differences in tariff rates between high‐income members and least‐developed members of the World Trade Organization (WTO); and fixed‐effects regression model to determine the effect of national output on the marginal propensity to import (MPM).

The paper finds that there is a significant difference in the margins of import tariffs that are applied to imports by the high income and the least‐developed members and that the MPM is significantly dependent on output for the high‐income members, but not for the least‐developed members.

The findings indicate that international trade law must be developed with the aim of increasing national earnings capacity and not just creating enabling conditions for tariff reduction or the harmonization of municipal law with international trade law. When circumstances change in a fundamental way (rebus sic stantibus), WTO members must be measured in their approach to attain the law that is sought (lex ferenda).

The paper argues that multilateral trade arrangements for tariff reduction and fair trade must integrate enabling conditions with arrangements for earnings capacity to increase national income and reduce tariffs.

This paper addresses issues related to Regional Trade Pacts and GATT. It argues that Regional Trade Pacts are necessary for implementation of GATT and that global free trade is an inevitable and healthy trend. In addition, the paper identifies problems associated with the implementation of GATT and provides prescriptions needed to ensure a successful transformation toward global free trade.

The purpose of this paper is to use the experience of pollution in the Imperial and Baja California Valleys under NAFTA, as a cautionary model to provide recommendations for deterrence of similar ecological degradation effects that could emerge under the newly‐approved CAFTA.

Analysis of the region using existing statistical data and content analysis of qualitative data from the Imperial and Baja California Valleys, and Costa Rica.

Economics and ecology have thus far not proved to have a complementary relationship, based on the NAFTA experience in the Imperial and Baja California Valleys. Early data on environmental law suits in the CAFTA region against environmental regulations also point to a negative attitude by business to environmental protections of nation‐states. CAFTA's investment rules puts corporate rights over ecosystems by limiting public regulation and granting legal avenues to corporations to sue governments for “barriers to trade”, where national environmental laws are seen as these so‐called “barriers to trade”.

CAFTA was promulgated in 2005, but only put into effect, January 1, 2006. Thus, as more data emerges about its impacts, additional and more definitive studies can be undertaken.

Looking at the possible environmental effects of CAFTA and NAFTA provides the international community a chance to consider early remediation and prevention measures for the environmental sustainability of the CAFTA region within the context of this large economic market.

This is a fresh and early look at a newly‐installed international trade policy, and its value to scholars and practitioners lies in its cautionary guidance for the future of CAFTA. These arguments are based on experience with other, more longer‐lived, trade policies like NAFTA.

Despite the worldwide stagnation in FDI, interest in Mongolia on the part of foreign investors, especially those from East Asia, North America, has grown over the last few years, mainly in the mining, trade and service sectors. The increase of FDI into Mongolia can be linked with the Mongolian government’s efforts to establish a more favorable external and internal legal environment in order to provide a free and open regime for business, the shifting tendency of world market center from traditional Europe, America to Asia, namely to China, resolving the “big debt” issue between Mongolia and Russian Federation which open new favorable opportunities for intensification of foreign investment inflows, increased domestic private savings and lastly Mongolia’s GDP steady growth rate during last years. The purpose of this paper is to review FDI inflows into Mongolia, detailing the sectors benefiting from this investment and the countries where it originates, based on information gathered in the period up to 2005.

One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown’s proposal to establish an institute for assessing WTO commitments to improve member states’ remit to detect, challenge and deter noncompliance.

This paper is based on Jutta Brunnée and Stephen Toope’s Interactional Theory of International Law.

There is a strong link between transparency and enforcement in WTO law. The efficacy of the WTO law depends not only on its role in adjudication, but also on facilitating interactional legal practices, within and outside the WTO.

This paper offers an original analysis of the practices of compliance with WTO obligations and illuminates a new proposal for improving compliance. To attract and maintain compliance, the WTO needs to facilitate transparent interactional legal practices for states and non-state actors.

The purpose of this paper is to compare and contrast wine sales in neighboring franchise law and non‐franchise law states in order to determine impact on wine price, consumer choice, consumer satisfaction, and stakeholder perception.

The study used qualitative interviews with 14 wineries, distributors, and retailers, statistical analysis of Nielsen Scantrack data, and an online survey of 401 wine consumers in Georgia and Florida, USA.

Results show statistical proof that Florida offers more wine selection and lower wine prices on matching brands than Georgia. Qualitative interviews indicate wineries, distributors, and retailers perceive differences in wine choice, price, and overall operating costs in these two states. However, there was no statistical difference between a sample of 401 consumers from Georgia and Florida when asked about their satisfaction level with wine choice and pricing within their state.

For practical purposes, the research was limited to only two US states. It would be useful to duplicate this study in other states.

Practical implications include the need for new wineries desiring to enter franchise law states to carefully research regulations and distributors before making a commitment, as well as the social issue of less wine choice and higher prices for consumers in Georgia versus Florida.

This is the first empirical study in the USA to focus on the impact of wine franchise laws on consumer choice and wine price. It yields useful information that contributes to the body of knowledge for wine and policy research.

Iraq has kicked off the procedures to accede to the WTO through the organization’s full working party accession process. In its accession, Iraq is expected to agree to an arduous package of legal and economic reform. Having plunged into the WTO with the belief that accession is its best hope for a prosperous future, Iraq will now face many challenges. Some industries may lose out to competition. Yet liberalizing its market and integrating its economy with the rest of the world will ultimately benefit Iraq because it will stimulate reform and provide trade protections it otherwise would not enjoy. Iraq has made a wise investment by negotiating for WTO membership. Iraq’s accession terms could be rigorous, but they represent not only a cost, but also an investment. WTO membership can be a helpful tool for achieving greater prosperity for Iraq because it encourages progressive domestic policies.

This paper aims to examine the prospect for international investment disputes in the aftermath of the COVID-19 pandemic due to measures implemented by the Australian government to tackle the pandemic.

Doctrinal research. Contains qualitative analysis.

This paper finds that claims based on the protections in the International Investment Agreements (IIAs) signed by Australia are unlikely to succeed and that Australia’s COVID-19 measures can be justified as necessary measures under the general and security exception clauses included in more recent IIAs and under customary international law.

In the context of the COVID-19 pandemic, scholars have written papers apprehending possible claims by international investors against emergency measures adopted by host countries to face the pandemic which might also have damaged the interest of the foreign investors. The existing literature is too vague and general. To the best of the authors’ knowledge, this is the first paper that draws some specific conclusions in this regard applicable to the COVID-19 regulatory measures taken by Australia. While the existing literature projects the possibility of such investor claims, this paper argues that at least no such claim would succeed against the COVID-19 measures taken by Australia.

The ideal of unhindered transborder data flow (TDF) is shown to be unrealistic; numerous barriers exist, created by various factors. Four facets of TDF are examined: privacy and data protection, the role of the European Economic Community, TDF between the Eastern bloc countries and the West, and Third World reactions to the domination of TDF by the industrialised nations. International organisations have a major role to play in efforts to accommodate the conflicting aims of the individual, the state and the commercial organisation.