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Australia and Investor-state-dispute Resolution

Australia and Investor-state-dispute Resolution Mechanisms in the Trans-pacific Partnership

 In 2011, Australia’s Gillard government announced a new policy not to include investor-state-dispute resolution mechanisms in future investment treaties into which Australia enters. The first of such treaties without a direct route for investors to sue the host state, the Australia-Malaysia Free Trade Agreement, has been signed in May last year. There has been an issue over Australia’s approach to investor-state- dispute resolution mechanisms in the context of the negotiations of the Trans-Pacific Partnership treaty (TPP). Australia’s continued participation in the negotiations indicates that the provisions relating to the investor-state-dispute resolution mechanism are not a deal-breaker. Read More