University of Waikato Summer Research Scholarhip
TITLE
Constitutional implications of New Zealand Free Trade Agreements including the TransPacific Strategic Economic Partnership Agreement
SUPERVISOR(S)
ABSTRACT
In the wake of the collapse of the multilateral trade negotiations at the World Trade Organization in Geneva, most countries have sought to pursue their export interests through regional and bilateral free trade agreements (FTA). New Zealand has been no exception to the rule by signing a number of FTAs with Singapore, China and Malaysia among others. It has also signed an FTA with ASEAN countries together with Australia, as the two nations have also been improving their Closer Economic Relations. These FTAs include various chapters ranging from trade in goods and services to investment, competition and intellectual property. Each of these FTAs brings about different implications for NZ?s domestic governance as they contain different scope and rules. For instance there is a national treatment obligation in the investment chapters of both Singapore and Malaysia FTAs with respect to "admission" of investment application whereas China NZ FTA in its national treatment provision only covers activities arising from investment after a consent is provided by the Overseas Investment Office. These agreements are largely negotiated and signed behind closed doors by the Ministry on foreign Affairs and Trade and the Parliament has no substantive role is ratifying them. At best, the Parliament is invited to take a symbolic vote which was the case in the Singapore Agreement. At the same time, 21 st century FTAs increasingly move toward "regulatory coherence" – a notion which has far broader regulatory implications than "trade" in the traditional sense of the term. Moreover, although NZ FTAs mostly include some type of Treaty of Waitangi exception, the implications of FTA go beyond narrow exceptions and cuts across different sectors ranging from natural resources and audiovisual services to Geographical Indications. Moreover, New Zealand is at the centre of the making of the most significant FTA currently being negotiated – the Trans Pacific Strategic Economic Partnership Agreement. The TPPA, if concluded successfully, will include a number of ASEAN countries along with Australia, Chile and Peru and most importantly the United States. It is highly relevant and timely to examine NZ current FTAs in light of the scant information made available from the TPPA negotiations and in particular their impact on NZ regulatory autonomy. The student will be instructed to narrow their focus on a few most important sectors and in particular the Treaty implications of FTAs will be critically examined.
Expected outcomes of project
A paper including a survey and comparative study on various chapters of NZ FTAs as well as organizing available information on the ones being currently negotiated including the TPPA.
Applicants
Should have attended LAWS 415 Transnational Business Law or LAWS 571 International Trade Regulation and received a good mark.
Please contact Sadeq Bigdeli as soon as possible at s.bigdeli@waikato.ac.nz
Regulations PDF
Application Form PDF
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