Up until now, Australia has never agreed to provide American investors with access to Investor-State Dispute Settlement (ISDS), whereas Canada has. In total Canada has faced 35 challenges. Australia has been subjected to only one case.
Under the Trans-Pacific Partnership (TPP), multinational corporations will be able to sue the Australian Government in secret corporate courts over laws that protect our health, environment and workers’ rights.
Changes to Australian food labelling laws provide consumers with an increased understanding of the origin of their food. The challenge Australia faces is to ensure compliance with foreign investment trade agreements.
Australian Trade Minister Andrew Robb says he won’t sign off on investor-state dispute settlement in the Trans-Pacific Partnership "until we’re satisfied that there’s a carve out for public policy on health and the environment,"
While the legal text of the China-Australia FTA (ChAFTA) was signed last week, the investment legal framework will be reviewed within the next three years with a view to commencing negotiations for a comprehensive Investment Chapter to be included in ChAFTA.
Squire Patton Boggs has successfully defended the Republic of Estonia against a US$100 million investment treaty claim brought by Estonian water provider AS Tallinna Vesi and its Dutch shareholder United Utilities.