The Australia-US free trade agreement’s impact on Australia’s copyright trade policy

The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has undesirably constrained domestic copyright policy, but no clear evidence either of the feared financial costs to society, or, importantly, the touted benefits to copyright owners. The most significant impact of AUSFTA’s copyright provisions, however, appears to have been on Australia’s copyright trade policy. Pre-AUSFTA, Australia promoted multilateral standards and mostly sought to comply with, but not exceed, international IP standards. Post-AUSFTA, Australia has pursued an approach akin to that of the US: endorsing international copyright rules that are significantly stronger, and more detailed. The paper queries whether this shift has been in Australia’s national interest, and raises interesting questions of path-dependence in policymaking and trade negotiations that warrant more, and broader attention in the literature.     

Australia's flawed approach to trade negotiations: and where do we sign?

Economists have warned for many years that preferential trade agreements (PTAs) will not necessarily increase economic welfare in Australia given the relatively small size of the economy and the country’s lack of negotiating coin. The Productivity Commission cautioned in its major report on PTAs that there seemed to be a mindset of ‘agreements for agreement’s sake’, in part because of fears of missing out on a bandwagon that has attracted Australia’s major trading partners. Political and security considerations have played an important role in shaping Australia’s approach to PTAs. When politics trumps economics in negotiations of PTAs there is a risk of a rush to premature agreement that produces sub-optimal outcomes, that undermines broader plurilateral and global negotiations, and that introduces new and undesirable distortions in trade and public policies. Various theoretical approaches to trade policymaking provide insights into why Australian governments have been willing to conclude these sub-optimal deals.     

A troubled relationship: Yugoslavia and the European Economic Community in détente

The article examines the origins and evolution of Yugoslav policy toward the European Economic Community (EEC) from the mid-1960s until the signing of the Cooperation Agreement in 1980. The signing of the Treaty of Rome and the Community's initial success in the 1960s had a profound impact on the direction of Yugoslav foreign trade. Increased trade relations with the EEC and the domestic introduction of the 1965 Economic Reform proved vital in persuading Belgrade to become the first Communist country to establish diplomatic and trade relations with the Community in 1968. The article argues that these relations in the 1970s became of increasing relevance to the economic and, ultimately, political stability of Yugoslavia.     

Canada’s Trade Policy: In Search of a Roadmap

This article examines Canada’s trade policy in light of efforts by the Harper government to respond to increasing global competition through the Global Markets Action Plan (2013). Through an analysis of three initiatives, the Canada–Korea Free Trade Agreement (CKFTA), the Canada–European Union Comprehensive Economic Trade Agreement (CETA), and the Trans–Pacific Partnership (TPP), it becomes clear that Canada’s current strategy has only gone part of the way to enact policies that will be most beneficial to its economy. This article shows that Canada’s Global Markets Action Plan, though ambitious, does not correctly prioritize Canada’s interests: it gives too little attention to improving Canada’s strongest trading relationship with its immediate neighbors in North America; it does not comprehensively address the changing nature of trade (which is now focused on trade in value-added products); and finally, its almost singular focus on market access and increasing exports directs attention away from the type of liberalization that would be most beneficial to Canadians, which is opening up the market for imports and dismantling Canada’s supply management system.     

Enter the ‘Far East’: Korean culture in early South Korea–Israel relations

Diplomatic relations between South Korea and Israel were formed only in 1962. Furthermore, as the two countries from both ends of the continent cooperated in various areas during the 1960s and 1970s, relations were becoming more complicated and even officially rather cool in light of Korea’s evolving relations with the Arab world. Against this backdrop, and based on the reading of contemporaneous Israeli press, the study argues that culture mattered very much in the early stages of the relations. Cultural contacts between Koreans and Israelis started well before the establishment of full diplomatic relations, and cultural diplomacy played a significant role in maintaining them in the decades that followed. Like today, both parties often emphasized the cultural and historical affinities between the two peoples, and in the process, the Israeli public was exposed to early glimpses into Korean culture while images of Korea and its people were created as well.     

Throwing the Baby Out with the Bathwater: Australia’s New Policy on Treaty-Based Investor-State Arbitration and its Impact in Asia

Abstract

Treaties allowing investors to initiate arbitration claims directly against host states for illegally interfering with cross-border investments are becoming increasingly common in Asia, but Australia announced in 2011 that it will no longer include such protections in future treaties. The backdrop to this decision includes keen interest from Asia in foreign direct investment (FDI) into Australia’s resources sector, meaning that potential investors may not be significantly deterred by a lack of arbitration provisions in future treaties. This article argues, however, that Australia’s policy shift risks undermining the entire investor-state arbitration (ISA) system, with the earliest impact being felt by major pending treaty negotiations by Australia with Japan, China and Korea (respectively); and that the shift may significantly reduce FDI flows or have other adverse effects. The article criticises the cost-benefit analysis of ISA protections in one pivotal study conducted in 2010 by an Australian Government think-tank, arguing that this assessment is insufficiently nuanced. Instead, the article presents a justification for more tailored and moderate changes to ISA provisions in future treaties. Its tentative interest-group analysis suggests, however, that there may be surprisingly few public or private constituencies that would prefer such moderate reforms, and that most may well prefer the more extreme position recently adopted by Australia, despite the damage that will be done to the ISA system as a whole. The article also argues that Australia’s policy shift and think-tank analysis may make Asian countries more cautious about ISA, especially those (like the Philippines and Vietnam) which have traditionally been more cautious about this dispute resolution system.     

Assessing Australia’s options in the context of Brexit: engaging with the UK and the European Union

ABSTRACT

The Brexit vote will fundamentally transform the European Union (EU) and will change how the UK relates to Europe and the rest of the world. What are the implications for Australia at this critical juncture? The UK has been a major player in the Australia–EU relationship, and Australia will now need to recalibrate its approach to both the UK and the EU across a range of policy areas. This article examines the future of Australia–UK and Australia–EU relations in the wake of Brexit, and assesses Australia’s options going forward. The authors advance three considerations. Firstly, Australia’s national interests are best served by adopting a pragmatic rather than nostalgic approach towards future relations with the UK and the EU. Secondly, Australia should avoid pursuing one relationship at the expense of the other and creating a zero-sum dynamic. Finally, Australia’s future strategy must consider broader global developments, such as events within its own region and the US presidency.     

Symposium: Australia–US Economic Relations and the Regional Balance of PowerAustralia–US Economic Relations following the 2005 Free Trade Agreement

The Australia–United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Australia's exports to the US have since stagnated, while imports into and US investments in Australia have surged. This article analyses Australia–US economic relations with a focus on trade and investment flows. In addition, it examines the capital raising by US investment banks for these projects. The analysis traces the effects on the relationship of the Global Financial Crisis, the resources boom in Australia and the rise of the Australian dollar.

澳美自由贸易协定2005年元旦起生效。自那以来,澳大利亚对美出口止步不前,而来自美国的进口和投资却一路上扬。本文考察了澳美经济关系,重点分析了贸易和投资流。此外作者还研究了美国投资银行为那些项目的融资。以往分析研究探索了全球金融危机、澳大利亚起源开发热以及澳大利亚元升值三者之间关系所受的影响。     

Truncated Decision Making and Deliberative Implementation: A Time-Based Policy Process Model for Transitional China

The time dimension has not attracted enough attention in policy process research in China, yet speed is the most distinctive feature of China’s recent development. This article, based on observations of China’s policy practices, proposes a new research perspective for understanding how the Chinese government has been able to address policy challenges in an era of rapid transition. The approach adopted by the government allows decision makers to respond quickly to serious problems with a truncated decision-making process, and then implement the decisions through a more gradual deliberative process. The article examines China’s coal-mining industry reform as an empirical case to illustrate how this governance approach has been used to achieve major policy reform, namely property rights reform for coal mines, while simultaneously maintaining stability, regulating production safety, and stimulating industrial development. The article concludes with a discussion of the broad implications of this pattern for improving the effectiveness of public policy both in and outside China.     

Overcoming legacies of foreign policy (dis)interests in the negotiation of the European Union–Australia free trade agreement*

ABSTRACT

Despite a troubled trade history dominated by disputes over agriculture, the negotiation of a European Union (EU)–Australia free trade agreement (FTA) was initiated in 2015. The initiation of these negotiations was made possible because of the shift in EU trade policy towards the negotiation of what the EU terms ‘new generation free trade agreements’. The EU has concluded FTA negotiations with South Korea, Singapore, Vietnam and Canada, and is negotiating other FTAs— notably with Japan and the USA . The EU faces many commercial challenges to its FTA negotiations that go beyond tariff reduction, including the protection of its geographical indicators, public procurement and investor–state dispute settlement. These issues are likely to be substantial features of any EU FTA with Australia. In addition to these challenges, the promotion of sustainable development interests and human rights through FTA negotiations is an important component of the EU’s approach. The EU’s position on the trade-related aspects of sustainable development and the negotiation of human rights conditionality has presented significant challenges to the EU’s trade agenda, particularly in negotiations with Canada and Singapore. This article draws lessons from the EU’s new generation trade agreement negotiations to date. It compares these negotiations with Australia’s approach to FTA negotiations, and analyses potential stumbling blocks for an EU–Australia FTA in light of past tensions in the relationship. The article argues that shifts in both EU and Australian trade policies and positive developments in the relationship mitigate past obstacles to a negotiated agreement. However, EU– Australia relations still suffer from the tyranny of distance. The resulting deficit in foreign policy salience between the EU and Australia broadens the best alternatives to a negotiated agreement.