The deal struck between China and Australia on Monday will contain an Investor State Dispute Settlement mechanism that will allow Chinese corporations to challenge the Australian government for "pretty much anything", say academics
Tobacco producers Indonesia, Cuba, Dominican Republic, Honduras and Ukraine are challenging Australia’s plain-packaging laws at the World Trade Organization, bolstering support for Philip Morris’ private dispute against Canberra.
Long-running litigation between Uruguay, which has some of the toughest anti-smoking laws in the world, and cigarette giant Philip Morris could have direct consequences for plain packaging legislation globally. Could it also pave the way for legal action in Europe?
A common provision allowing foreign investors to sue host governments has become a ticking time bomb inside trade agreements. Some countries are now refusing to agree to the provision and are questioning its legal legitimacy. Jess Hill investigates.
Australia risks getting swept up in a wave of litigation by foreign corporations wishing to sue over unfavourable domestic laws, experts warn, after the government rejected a bill to ban controversial trade agreements.
While Indonesia intends to renegotiate its BITs to provide greater capacity to regulate in the public interest, the current Australian government has indicated it will consider the inclusion of ISDS on a case-by-case basis.