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Abstract:
While the recent WTO agreement allowing developing countries to import life-saving drugs by bypassing patent laws is beneficial, a majority of the drugs used to combat epidemics are off-patent or not patented in many developing countries. Consequently, the agreement will do very little to assist those nations in preventing and treating public health crises and epidemics. Extreme poverty, lack of funding for healthcare, and little or no resources available for the storage, transport, and distribution of drugs must be addressed before there can be any hope of alleviating the suffering.

TRIPS, intellectual property, WTO, patents, developing countries, compulsory license

Abstract:
While many believed the introduction of minimum standards and greater enforcement for intellectual property rights (IPRs) through the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) sufficiently placated the major industrialized nations' demands for strong IPRs, it now appears that this agreement only served as another step in the pursuit of stronger IPRs. In fact, having failed to achieve all they sought in the TRIPS negotiations, the US and other developed nations almost immediately began negotiating for the inclusion of more protectable subject matter, broader and more extensive coverage, increased harmonization, stronger enforcement mechanisms, and a weakening of 'flexibilities' and 'special and differential treatment' granted to developing and least developed countries in the TRIPS.

Having unsuccessfully attempted to strengthen IPRs in TRIPS in the years following its implementation, and following the spectacular failure of the Seattle Ministerial in 1999, these nations shifted the focus of their efforts from the multilateral forum to bilateral and regional Free Trade Agreements (FTAs). Thus, while many developing countries were still struggling to implement their obligations under TRIPS, developed countries were already raising the level of IPRs through FTAs. In this regard, the US is the clear leader in promoting higher standards of intellectual property (IP) protection than required in TRIPS (so called TRIPS-Plus provisions).

This chapter does not attempt to provide a comprehensive analysis of the history of IPRs in the international trading system. Nor does it attempt to analyse all present negotiations involving TRIPS-Plus provisions. Instead, it seeks to make two more limited points: first, that TRIPS should never have been viewed as the final statement on international IPRs, but rather as merely a stage (albeit an important one) in a larger cycle alternating between bilateral, regional, and multilateral forums; and second, that the world has moved beyond the multilateral phase and into a bilateral phase; a phase which is seeing the negotiation increased IPRs and placing increased obligations on signatories.

This chapter focuses on patents as one particular form of intellectual property to demonstrate that a rotating cycle between bilateralism, regionalism and multilateralism not only exists but also strengthens IPRs and obligations of nations. This is not to underemphasize the importance and potential consequences of TRIPS-Plus provisions in other areas of IP, such as plant varieties protection, breeders' protection, copyright, trademark, technological protection measures, and geographical protections and enforcement mechanisms. These are all important areas being re-negotiated bilaterally with the introduction of every TRIPS-Plus provision.

international trade, intellectual property, TRIPS, TRIPS-Plus, free trade agreements, patents, developing countries

Abstract:
This article evaluates the ability of Internet voting to improve the electoral process by comparing it against traditional methods of voting currently used. In order to clearly understand electoral issues, the article briefly describes the criteria needed in order to conduct a successful election. It then introduces and defines the different forms of Internet voting used in the context of this article before introducing and analyzing some major faults with the election system, including its discriminatory effect on minority and disabled voters.

The article then evaluates the promise of Internet voting as a solution to these faults while also reviewing and substantially discrediting the perceived problems with implementing Internet voting. The article concludes by putting forward several proposals leading to the gradual introduction of Internet voting into the electoral landscape.

Internet voting, e-voting, democracy, discrimination, electoral law

Abstract:
The negotiations for an Australia-United States Free Trade Agreement (AUSFTA) sparked much debate in Australia on the potential impacts of the agreement on many important areas, including the sensitive issue of health services. Throughout the negotiations, the Australian government vehemently and repeatedly stated that it would not allow the AUSFTA to compromise its capacity to deliver key objectives in health and other domestic policy areas. At the outset of the health issues and, conversely, Australian negotiators worked hard to uphold Australia's position that some areas, including the structure of the Pharmaceutical Benefits Scheme (PBS), would not be lost or otherwise bargained away for a gain in another area, such as agriculture or services.

Nevertheless, the agreement contains specific provisions relating to the PBS, pharmaceutical intellectual property, plasma fractionation arrangements and professional services, and appears to be the first free trade including measures affecting a country's pharmaceutical scheme that have been specifically included in a trade agreement. Speculation that the agreement will weaken Australia's ability to regulate for public purposes, including in relation to areas such as health, is rife in both the media and the political opposition. The importance of the issue in Australia cannot be understated. In fact, the Final Report of the Australian Senate Select Committee on the Free Trade Agreement between Australia and the United States of America stated that the impact of the AUSFTA on the PBS "has been a critical issue" in its inquiry.

With that background in mind, this article sets out to evaluate the provisions in the AUSFTA regarding what can broadly be described as health services. Part II introduces the reader to Australia's Pharmaceutical Benefits Scheme. Part III forms the main part of this paper by detailing, evaluating, and critically analyzing the eight provisions relating to health services and the PBS in the AUSFTA. Part IV concludes the paper by reminding readers that the AUSFTA is the product of complex negotiations and by stating that while the agreement may result in uncertainty and discontent among some in the Australian academic and health services professions, there is nothing in the AUSFTA that will lead to the dismantling of the PBS. The paper also concludes that it is unlikely for a dispute resolution panel convened under the AUSFTA to restrict Australia's ability to make key public health decisions.

free trade agreement, intellectual property, pharmaceuticals, drugs, socialized medicine

Abstract:
This article examines the many factors that have created and continue to perpetuate the ongoing health crisis in developing countries. In so doing, the article will reveal that the focus on patent regulation is largely misguided and that the targeting of pharmaceutical companies and TRIPS has led to an unfortunate divergence from the actual critical issues that affect the delivery of much-needed care and medicines to the developing world. The article then argues that the critical issues lie not in constructing appropriate TRIPS provisions, but more so in providing financial resources to build, maintain and stabilize proper healthcare systems in those developing countries afflicted with public health crises. This article does not fully absolve pharmaceutical companies from blame nor does it claim that TRIPS strikes the appropriate balance between creators and users in every situation, but much has already been written on these two issues. Instead, this article focuses on and examines possible solutions or initiatives that may be adopted to alleviate the current public health problems and assesses their practicability in light of the particular situations and circumstances affecting the developing world.

public health, patent, TRIPS, medicine, developing world

Abstract:
The evidentiary data detailing the economic state of low-income developing and least developed countries ('LDC's) is both well known and relatively uncontroversial. On the whole, these nations can be characterised as having a low per capita gross domestic product ('GDP'), unfortunate standards of living and extremely poor levels of health and services. Fortunately, a number of developing countries and LDCs are not experiencing negative or stagnant growth. Some developing countries are growing at a rapid pace - and some African countries are even growing at a faster rate than developed countries.

It is for this reason that the question must be asked: why are some developing countries and LDCs growing while others are essentially stagnating in a 'poverty trap'? The simple answer is that these stagnant countries generally have, inter alia, low levels of education and training, a decrepit or non-existent infrastructure, ever-present (or often recurring) ethnic and civil instability, and high levels of corruption and mismanagement in both the public and private sector. While the reasons stated may be causes and may be symptoms, no one can for certain state all the reasons why some nations have succeeded and others have failed.

This article does not presume to know or attempt to solve all the problems of the developing world. This article is also not meant to be a definitive study, but instead merely introduces the issues and, while offering recommendations and conclusions, hopes to spark genuine debate. More specifically, this article suggests several basic international conditions which appear to be necessary to improving living standards and growth: (1) open and liberalised economic engagement; (2) export-oriented trade strategies; and (3) an appropriate legal and regulatory framework.

international trade law, investment, liberalization, growth, development, regulatory framework

Abstract:
In February 2004, Australia and the US successfully concluded negotiations for the Australia-United States Free Trade Agreement (AUSFTA). The agreement resulted from 11 months of complex negotiations in which both sides were forced to compromise and withdraw from their initial positions. While the AUSFTA negotiations were barely noticed or reported in the United States (US), where American efforts to negotiate a regional free trade agreement (FTA) with the ten South American nations (commonly called the Free Trade Agreement of the Americas (FTAA)) took centrestage, the AUSFTA negotitions and completion have been at the forefront of media activity in Australia.

Upon taking effect, the AUSFTA will immediately eliminate tariffs on 99.5% of all trade between the two countries, making the agreement one of the most significant in terms of the reduction of tariffs ever achieved in a bilateral framework. Economic modelling anticipates that Australia stands to gain over $6 billion from the AUSFTA and the agreement has the support of every state premier, every large business association, every major industry association and most trade economists. But the agreement has not been universally supported. Some commentators believe Australia's involvement in the AUSFTA negotiations signalled its intention to abandon the multilateral framework in favour of operating in a more fragmented bilateral world. This article will prove that such an assertion lacks credible foundation by demonstrating not only Australia's continued commitment to the multilateral agenda, but also that the two frameworks can operate together; that is they are not mutually exclusive. In addition, the article will assert that if Australia wishes to maintain its place in the world, it has no choice but to negotiate bilateral agreements. The article does, however, caution that FTAs should not be negotiated without regard to their effect on the multilateral system and warns that too rapid an explosion of FTAs has the potential to destabilise the entire foundation of the multilateral trading system.

Part II will briefly explain origin of the multilateral trading system and the compatibility of FTAs with the system before detailing how vast differences of opinion between WTO Member States has stalled progress in the multilateral trading system and how, because of the current situation, many Members have begun negotiating FTAs to protect their own interests and further liberalise trade. The section will also highlight Australia's efforts to re-start multilateral negotiations as well as otherwise evidence its commitment to the multilateral framework. Part III analyses why nations are moving toward bilateral FTAs and demonstrates that nations are doing so in order to further the agenda beyond what can be accomplished multilaterally (whether it be in the form of increased trade liberalisation, market access, environmental protection, etc.) and, perhaps more importantly, to avoid their exports being outpriced and effectively excluded from many markets. This section also explains that Australia's failure to negotiate FTAs with key trading partners is risking its export markets and costing consumers. Part IV investigates FTA possibilities for Australia and finds substantial benefits could result from FTAs with several Asian nations. Part V explores several potential drawbacks of FTAs, including their effect on the multilateral system, the risk of trade diversion and the difficulty of gaining substantial trade liberalisation from FTAs. Part VI concludes that while the Australian government should negotiate more FTAs in order to drive the multilateral agenda and to prevent Australian exporters from being excluded from markets, it should also continue to fully participate in the multilateral process and take account of the effects of its FTAs on the multilateral system.

International trade, free trade agreement, preferential trade agreement, WTO, bilateral, regional, multilateral, Australia

Abstract:
The latest round of multilateral trade negotiations — the Doha Round — initiated a comprehensive negotiating round set out in a complex structure. At the same time, this Round focused attention on a 'development agenda', all as part of a 'single undertaking' with an ambitious three year deadline. The negotiations were troubled from the start and there are not many signs that agreement will be reached anytime soon. Given the long standing impasse, the time is now ripe to begin evaluating and understanding how the Doha Round negotiations became a seemingly endless charade and why the possibility of a substantial and workable agreement continues to elude WTO Members. This commentary attempts to address these questions by providing the background and timeline to the Doha Round before briefly discussing some of the differing negotiating positions and preferred outcomes of the major Members and negotiating coalitions. While the negotiating positions differ widely on a number of issues, this commentary concludes that more systemic institutional impediments exist, which not only hinder the successful conclusion of the Doha Round, but also prevent effective long-term institutional governance and vision.

World Trade Organization, multilateral trade, trade negotiations, Doha Round

Abstract:
State-to-state dispute settlement mechanisms are included in all bilateral free trade agreements ('FTAs'). A large percentage of these mechanisms are very closely modelled on the World Trade Organization's dispute settlement system, in which dispute settlement procedures remain largely insulated from public scrutiny. In this sense, the WTO model of dispute settlement is a 'closed' model. By contrast, some countries, such as the United States, endorse an 'open' model of dispute settlement that promotes transparency and non-governmental involvement in trade disputes. Australia is presently negotiating FTAs with the Association of Southeast Asian Nations, China, Malaysia and the United Arab Emirates, but has yet to formulate a policy on the important issue of whether to favour open or closed dispute settlement - it endorses the closed model in its FTA with Singapore, while endorsing the open model in its FTA with the US.

This commentary argues that Australia should, as a matter of policy, negotiate for an open model of dispute settlement in its future FTAs. Firstly, even though the WTO relies on a closed model of dispute settlement, WTO Appellate Body interpretations have slowly changed the nature of the system to embrace greater openness, and recent WTO activities indicate that amendments will further open the system in the near future. Secondly, the 'open' model of dispute settlement is consistent with both Australia's foreign policy and its national interest. Even if ASEAN and other potential FTA partners oppose the open model, that barrier does not appear to be insurmountable: Singapore, a leading member of ASEAN, has recently endorsed the open model in its FTA with the US, indicating that it does not have an intractable objection to public proceedings or non-governmental involvement. Other ASEAN states may also be willing to consider an open model and to discuss the issue in their dealings with Australia. If they are not, it is still in Australia's policy interests to promote, even if only symbolically, a commitment to democratic and open dispute settlement systems in all of its FTAs.

international trade, free trade agreements, dispute settlement, transparency, participation

Abstract:
While most economists are in agreement that China’s currency is undervalued, economists are less certain as to the effect of the undervaluation. Despite the equivocal data, critics of China’s regime claim that the undervaluation leads to cheaper, and therefore increased exported goods, while at the same time raising the price of imported goods. For this reason, U.S. lawmakers perpetually raise the issue and periodically initiate legislation, which would deem China a “currency manipulator” and thus trigger retaliatory measures. Lawyers are less certain whether there can be a multilateral solution to the perceived problem.

With the existing legal literature consisting mostly of industry-funded research, the time is ripe to undertake a large-scale legal analysis of China’s exchange regime under the existing international legal framework. This article undertakes such an analysis and in particular, evaluates the legitimacy of China’s exchange regime under applicable international law, that being the Articles of Agreement of the International Monetary Fund (IMF) and both the General Agreement on Tariffs and Trade and the Agreement on Subsidies and Countervailing Measures of the World Trade Organization (WTO). We conclude that while China clearly manipulates its currency, its measures are not inconsistent with the IMF Articles or the applicable WTO agreements. The article concludes by noting that modification of either the IMF Articles or applicable WTO agreements is the only multilateral option available to those determined to more strongly sanction “currency manipulation”.

international trade, currency manipulation, China, WTO, IMF, GATT, subsidies

Abstract:
This article discusses the public health crisis currently engulfing much of the developing world. The article aims to emphasize that current efforts to combat the situation have not succeeded in significantly lessening the burdens caused by disease or improving the health statistics. It proposes an innovative model of funding and assistance through the creation of a new agency to assist in developing and implementing a holistic, health framework in developing countries.

This article contends that certain principles are critical to the ultimate success of the agency. First, the agency should only provide support for those nations willing to commit government resources to prioritising health. Second, continuing funding and assistance should be conditional on the nation demonstrating and maintaining its commitment to health. Third, the agency should base its work on the policy guidelines and frameworks developed by the WHO. Fourth, the agency should not apply a top down one-size-fits all approach to improving health; instead it should work in partnership with the requesting country to design a tailored plan appropriate for its specific needs and developmental level. This article contends that without due regard to local issues and active involvement of local stakeholders, all international solutions are bound to fail.

international health law, public health, developing countries, access to medicines, health care, WHO, international economic law

Abstract:
The past year has been a tumultuous one. Stock prices have tumbled, the financial system has nearly collapsed, oil and other commodities have declined sharply from record highs and inflationary pressures in the first part of the year have turned into deflationary concerns. More surprisingly, the United States, United Kingdom and other staunch defenders of the ‘free market’ have nationalised banks and other industries while their central banks have repeatedly injected capital into the system in an attempt to stimulate credit markets and restore economic order. The prospects for the remainder of 2009 look grim, as the world is in an economic recession, unemployment is rising, trade volumes are declining (for the first time since 1982) and no one is certain when the financial turmoil will subside. Global manufacturing is slowing as fast as demand is diminishing and foreign direct investment continues to sharply decline. Despite several joint statements from world leaders warning against the dangers of protectionism, it is in fact on the rise in a number of countries, while public support for liberalised trade is low among others, most notably the US.

In such a climate, the question must be asked whether the liberalisation of trade policy is still important. The financial crisis certainly seems to be the more pressing issue, and trade has steadily grown since the process of reducing tariffs and other barriers to trade began with the creation of the GATT following World War II. Since its creation in 1995, the WTO has continued the trade liberalisation process, and expanded the mandate of the prior GATT regime to cover other trade-related topics, such as services and intellectual property. But with the world in economic crisis, and the WTO’s Doha Round of trade negotiations floundering, is it now the time to consolidate the gains and shift the negotiating focus to other issues? Is trade liberalisation even the correct course of action during this ‘once in a century’ economic crisis?

Abandoning the work of the WTO would be a mistake. Trade policy remains important, and it can play an important role in aiding the world’s economic recovery. The WTO as presently constituted, however, is ill-equipped to manage contemporary challenges, and must transform its processes in order to remain relevant in the changing political and economic landscape. This reflection illustrates some of the challenges that the WTO faces and provides suggestions for how it can effectively manage the challenges so as to remain relevant and even thrive in the coming years.

international trade, global governance, financial crisis, decision-making, consensus

Abstract:
Throughout the course of the DSU Review, Members and commentators alike have proposed numerous modifications to the WTO DSU covering a wide range of areas. One area which has received quite a bit of attention is that of retaliatory measures in the implementation phase of the dispute settlement process. This article does not attempt to recap the debate over the appropriateness of trade retaliation or even to discuss all potential amendments targeting this issue. It does, however, identify some of the key criticisms of trade retaliation before analyzing and evaluating the worthiness of trade and/or financial compensation as an alternative. The article finds that neither trade nor financial compensation will do much to resolve the prominent criticisms of trade retaliation while also finding both options would add several uncertainties to the system and, far from increasing compliance with the rulings and recommendations of the DSB, could in fact increase the instances of noncompliance.

WTO, dispute settlement, trade retaliation, compensation, noncompliance

Abstract:
With absolute secrecy theoretically accorded to the vote, it would come as a surprise to many Australians to learn that, in fact, the right to vote in secret is not extended to all of the community. In fact, a large percentage of voters, particularly disabled voters with impaired vision or limited arm movements as well as illiterate voters and those voters from non-English speaking backgrounds who may not feel comfortable reading or writing in English (collectively referred to as "special needs voters"), are denied the right to vote in secret and can only cast their ballots with the assistance of an election official, family member or friend. Of course, under our system of compulsory voting, those voters who refuse to give up their right to secrecy are deemed to be breaking the law and subject to a fine for not participating in the election.

This article briefly introduces the reader to the concept of computerised voting. It then evaluates the benefits and, importantly the feasibility, of computerised voting into the electorate.The article concludes that computerised voting should be trialled and, in order to assist special needs voters, introcuduced into the electorate.

voting, voting rights, electronic voting, computerized voting, democracy, blind, disabled, illiterate, equal rights

Abstract:
Since gaining its independence from Britain, the Republic of Ireland has effectuated certain policies of the Catholic Church. Because nearly ninety percent of Ireland's four million citizens are Catholic, one clearly sees how Church pressures influence politics and everyday life in Ireland. One example of this influence is reflected in Ireland's policy on abortion: abortion has long been, and continues to be, illegal in Ireland. Within the last decade, however, a shift in public attitude on abortion has slowly evolved among the Irish people and Irish jurisprudence.

This Article considers recent Irish policy on abortion and outlines the struggle, legal challenges, and attitudinal shifts brought about by the strengthening of the European Union and its vastly different view of abortion. The article begins by reviewing the history of abortion in Ireland before analyzing Ireland's participation in the European Community and the Community's enormous effect on Ireland's abortion policy. The article then examines the trilogy of cases that significantly shifted Irish policy regarding the right to information and the right to travel for the purpose of obtaining an abortion, details the legislative activity passed as a result of the trilogy of cases impacting abortion law in Ireland, and examines the most recent notable abortion case and the resulting public reaction. Finally, the article reviews the latest government attempt to clarify the law, criticizes the current law and discusses possible solutions to the present uncertainty.