Global Trade Law Series Volume 46
The European Union (EU) is the largest economic partner of Australia: the EU is Australia’s second largest trading partner and the EU is Australia’s largest investment partner. Yet, the EU remains the only major trading and investment partner with whom Australia does not have an Economic Integration Agreement or even a Preferential Trade Agreement, either in force or under negotiation. Without one, the legal and policy systems that regulate trade and investment between Australia and the EU must function in the complexity of different levels of political economy: non-unitary internal and external market constitutions against bilateral sectoral and multilateral general agreements on trade and investment.
This book is the first to present a monographic study of the law and policy of trade and investment between Australia and the EU. Prof. Gonzalo Villalta Puig argues that a trade and investment agreement is necessary to remove the agricultural tariffs and quarantine requirements and to harmonize the regulatory divergences that bar bilateral trade. It is further necessary to facilitate and guarantee two-way investment.
The book critically discusses:
- the Partnership Framework Agreement between Australia and the EU;
- the Mutual Recognition Agreement, Wine Agreement, and other sectoral agreements between Australia and the EU;
- the World Trade Organization (WTO) Trade Policy Reviews of Australia and the EU and disputes between them;
- Australia’s biosecurity system of quarantine requirements and food safety standards, its Luxury Car Tax, Wine Equalization Tax rebate, use of geographical indications, and the effect of Australian Industry Participation rules on government procurement market access;
- the EU’s agricultural protection system of tariff rates, export refunds, and Common Agricultural Policy direct payments and the consistency of its standards and technical regulations;
- the economic constitutions of Australia and the EU and their judicial interpretation; and
- the key provisions of a prospective trade and investment agreement between Australia and the EU.
Original, significant, and rigorous, Economic Relations between Australia and the European Union: Law and Policy is certain to influence the development of both the bilateral relationship and the WTO as a multilateral forum for trade and investment liberalization. It is, thus, an essential reference for lawyers, customs brokers, freight forwarders, government officials, academics, and all professionals with an interest in the regulation of economic globalization.
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Foreword by The Rt. Hon. Mike Moore ONZ (Former Prime Minister of New Zealand and Former Director-General of the World Trade Organization).
Foreword by HE Mr Duncan Lewis AO DSC CSC (Ambassador of Australia to the European Union).
Foreword by HE Mr Sem Fabrizi (Ambassador and Head of Delegation of the European Union to Australia).
Part I. Introduction.
2. Economic Relations between Australia and the European Union: Origins and Development.
Part II. External Regulation.
3. Bilateral Regulation: Framework and Sectoral Agreements.
4. Multilateral Regulation: World Trade Organization Agreements.
Part III. Internal Regulation. Section A. Economic Constitution of Australia .
5. Law of the Internal Market: Freedom of Interstate Trade.
6. Law of the External Market: Trade and Commerce Power. Section B. Economic Constitution of the European Union.
7. Law of the Internal Market: Economic Freedoms.
8. Law of the External Market: Common Commercial Policy.
Part IV. Conclusion.
9. Towards a Trade and Investment Agreement between Australia and the European Union.
Table of Cases.
Table of Legislation.
Table of Treaties and Other Legal Texts.
Praise for the Book.
See what our clients are saying:
‘Publications such as this monograph, Economic Relations between Australia and the European Union: Law and Policy, by Prof. Gonzalo Villalta Puig are important to students, academics, legal practitioners, and policy makers.’
The Rt. Hon. Mike Moore ONZ, Former Prime Minister of New Zealand, Former Director-General of the World Trade Organization
‘A thoroughly worthwhile topic.’
The Rt. Hon. The Lord Brittan of Spennithorne QC DL, Former Home Secretary of the United Kingdom, Former Vice-President of the European Commission
‘Prof. Gonzalo Villalta Puig is to be commended for his work in examining the many legal and other considerations that inform the regulation of economic relations between Australia and the European Union’
HE Mr Duncan Lewis AO DSC CSC, Ambassador of Australia to the European Union
‘I commend Prof. Gonzalo Villalta Puig for providing a critique of the legal systems that regulate economic relations between Australia and the European Union, contributing to the current policy debate on how to improve the trade and investment relationship.’
HE Mr Sem Fabrizi, Ambassador and Head of Delegation of the European Union to Australia
‘A scholarly work of honest endeavour and real excellence, Prof. Gonzalo Villalta Puig presents in this compulsively readable book a rigorous study of the many considerations that inform the regulation of economic relations between Australia and the European Union: considerations of policy and law, external and internal as well as multilateral and bilateral aspects of the relationship. Economic Relations between Australia and the European Union: Law and Policy is sure to become an essential point of reference for academics and practitioners.’
Ms Marjut Hannonen, Geographic Attributions: Australia and New Zealand, Cabinet of the European Commissioner for Trade, European Commission
‘Prof. Gonzalo Villalta Puig sets the agenda with Economic Relations between Australia and the European Union: Law and Policy. At the forefront of research, his work re-conceptualises the perception and reality of trade and investment between Australians and Europeans. Its contribution is more than important or valuable. It is fundamental.’
Dr Peter Bekx, Director, International Economic and Financial Relations and Global Governance Directorate-General for Economic and Financial Affairs, European Commission
‘Australia achieved a free market in 1901 by force of section 92 of its federal constitution. Europe has been creating its own equivalent in recent decades. Each continent has lessons to learn from the other. Australia can learn from the European Union (EU)’s economic miracle and human rights advances. The EU can learn from Australia’s federal, institutional, and political integration. This outstanding and insightful book by Prof. Gonzalo Villalta Puig contains important instruction for each.’
The Hon. Michael Kirby AC CMG, Former Justice of the High Court of Australia