| Publication |
2011.
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| Summary/Abstract |
Disagreements are a natural and inevitable part of any substantial relationship. This is particularly true in the area of international trade, where national interests and the domestic commercial objectives with which they are closely aligned often come into conflict with the interests of trading partners. Because disagreements are inevitable, trade agreements usually provide a framework for resolution of disputes. However, the typical dispute settlement framework established in trade agreements seldom captures the imagination of the business community. Indeed, public international law frameworks for trade dispute settlement tend not to be used for anything other than disputes of the largest magnitude or where there is a deep political issue that is otherwise insoluble. This article argues that such an approach to the crafting of dispute clauses in trade agreements is a missed opportunity. It suggests that, in the context of the relationship between Australia and the European Union, there is potential to develop a range of different approaches to address problems in an effective and accessible manner.
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