Australian business figure Clive Palmer is suing the Australian government for almost A$300 billion in an international tribunal, having lost a case against the Western Australian government he took all the way to the High Court.
Clive Palmer’s Singapore-based company Zeph Investments is suing Australia for $296bn, enlisting the help of former attorney general Christian Porter in a landmark case arguing a breach of the Asean free trade deal.
The AFTINET submission provides evidence of the harmful use of ISDS over the last decade against public regulation on health, indigenous rights, the environment and most recently against policies to reduce carbon emissions.
The current pandemic, and the treaty claims which are likely to stem from it, are a reminder of the importance for ASEAN to be engaged in ongoing discussions at the United Nations of possible reform of the system of investment treaty arbitration.
As ministers of the member countries of the RCEP meet for final negotiations over the trade agreement this week, regional lawmakers today expressed concern about the lack of parliamentary and public oversight of the deal, as well as its potential human rights impacts.