Pacific

Pacific states have signed 72 trade and investment agreements, 39 of which have been concluded by Australia alone.

Most of Australia’s free trade deals contain investor-state dispute settlement (ISDS) provisions, including those with ASEAN and New Zealand (AANZFTA), China (ChAFTA), India, Indonesia, Korea, Mexico or Turkey.

Following a dispute with Philip Morris over an anti-tobacco law, Australia claimed it would refrain from engaging into new investment agreements with ISDS. However Australia’s more recent agreements such as ChAFTA, the Indonesia FTA, the Hong Kong FTA and the Trans-Pacific Partnership (TPP) include ISDS.

The Philip Morris vs. Australia case is the most well-known dispute to date. When Australia introduced plain packaging for all tobacco products in 2011, Philip Morris initiated a claim against Australia before an arbitral tribunal. In its December 2015 decision, the tribunal dismissed the case, albeit on legal grounds only. Australia spent A$24 million but Philip Morris only paid half, leaving the Australian taxpayers to pay the rest.

The Pacific has been the least targeted region. Only Australian investors have initiated disputes on seven registered occasions, two of which were under the Energy Charter Treaty.

Photo: Dominic Hartnett / CC BY-NC-ND 2.0

(April 2020)

IELP Blog | 13-Nov-2017
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Irasia | 10-Nov-2017
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Crikey | 8-Nov-2017
In a co-ordinated push with The Australian, the government has embarked on an attempt to revive the Trans-Pacific Partnership trade agreement and burnish its free-trade credentials.
Mining | 4-Nov-2017
Chatree mine’s operator, Australia’s Kingsgate Consolidated said that it would commence arbitration under the Thailand-Australia Free Trade Agreement
Newsroom | 3-Nov-2017
The Government is enlisting its ambassadors in a last-minute bid to win changes to the TPP’s controversial investment clauses, Trade and Export Growth Minister David Parker says.
EU Observer | 31-Oct-2017
The Commission is currently gearing up to begin negotiating separate deals with Australia and New Zealand.
Scoop | 31-Oct-2017
Prime Minister Jacinda Ardern announced plans to effectively ban foreign buyers of existing residential property but says the prohibition doesn’t put New Zealand at odds with the slimmed down version of the Trans-Pacific Partnership deal.
No al TTIP | 18-Sep-2017
La Comisión Europea no quiere frenar su agenda liberal de apertura comercial mediante nuevos tratados comerciales. Oceanía es la próxima meta de Juncker.
The Nation | 1-Sep-2017
FTA Watch warns that Thailand would most certainly lose an arbitral tribunal process regarding allegations that it violated the Thailand-Australia Free Trade Agreement, exposing the country to huge losses due to claims for compensation.
Portal Minero | 18-Jul-2017
La compañía recurrió en 2011 al Ciadi, luego que el gobierno del país islámico negara la licencia de la iniciativa, lo que acusan fue de manera ilegal.

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