ISDS allows foreign investors to sue our Government

Investor-State Dispute Settlement

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.

Greenpeace report: ISDS empowers global corporations at the expense of people and planet

January 19, 2018: A new report by Greenpeace, Justice for People and Planetuses 20 case studies of global corporations to explain how corporate power is being used to violate human rights and environmental rights. The report argues that governments should adopt 10 Principles for Corporate Accountability to curb ‘corporate capture, collusion and impunity’.

Community groups oppose ISDS in TPP-11 talks as US dumps ISDS in NAFTA, and NZ also says no

November 6, 2017 “The Australian Government should oppose foreign investor rights to sue governments in the talks attempting to resurrect the TPP without the US later this week,” AFTINET Convener Dr Patricia Ranald said today.

The talks will take place in da Nang, Vietnam on November 8-9, ahead of the APEC meeting to be held on November 10.

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