ISDS allows foreign investors to sue our Government

Investor-State Dispute Settlement

Veolia loses ISDS case against Egypt – after six years and millions in costs

June 4, 2018: Veolia, the giant French corporation which operates in Australia and world-wide, has finally lost its claim against Egypt over a waste management contract dispute in which they claimed compensation for an increase in the minimum wage under a new labour law. Its claim was for €174 million (A$268 million), and was launched in 2012.

US still wants ISDS out of NAFTA, despite business lobbying

May 8, 2018: According to an Inside US Trade report dated May 3, Investor-State Dispute Settlement is still a key issue at the current session of North American Free Trade Agreement talks between the US, Mexico and Canada. US Trade Representative Robert Lighthizer appears determined to opt out of ISDS provisions, while big business groups are frantically lobbying to retain them.

Petroleum ISDS cases pose major threat to climate action

April 23, 2018: ANU academic Dr Kyla Tienhaara has published research  in the Journal Transnational Environmental Law showing that mining and energy industries are the most frequent users of Investor-State Dispute Settlement mechanisms heard by the International Centre for the Settlement of Investor Disputes (ICSID), one of the two main tribunal systems that hear ISDS disputes. This poses a threat to effective measures to rapidly reduce carbon emissions.

European Court decision that ISDS is incompatible with national legal autonomy undermines ISDS in the TPP-11

April 3, 2018: The European Court of Justice ruled in March that Investor-State Dispute Settlement (ISDS) between two EU member states, which allows corporations to sue governments for damages over changes in domestic law, has an adverse effect on the autonomy of EU law, and is therefore incompatible with EU law.

Rebranded TPP 11 deal: a mess of side deals with no detail, but ISDS and temporary migrant workers remain

Media release, 24 January 2018: “The rebranded TPP 11 outcome announced today appears to be a mess of separate deals cobbled together to meet issues raised by Canada and others, which Trade Minister Steve Ciobo has described as “18 free trade agreements” for Australia.

Pages