ASEAN/NZ/Australia FTA

Australia and the UK agree not to apply ISDS in Trans-Pacific deal but Clive Palmer’s $300 bn claim shows more needed to prevent cases against Australia

MEDIA RELEASE                                                                                  Tuesday April 4, 2023

Australia and the UK agree not to apply ISDS in Trans-Pacific deal but Clive Palmer’s $300 bn claim shows more needed to prevent cases against Australia

Clive Palmer using ASEAN Free Trade Agreement to sue Australia for $300 billion shows need for ISDS to be removed from trade agreements

April 4, 2023: Clive Palmer is claiming $300 billion in an international tribunal to compensate for legislation passed by the Western Australian Parliament to remove his ability to extract damages from the state regarding the Balmoral South Iron Ore Project in the Pilbara. His claim has already failed in the High Court.

AFTINET submission to the Review of ISDS in the Australia-NZ-ASEAN free trade agreement

February 6, 2022: This revision of the ASEAN agreement (AANZFTA) was begun under the Morrison coalition government and Labor Trade Minister Farrell announced on November 14 that in-principle agreement has been reached on most issues. The text will not be released until after it is finalised. The RCEP and CPTPP texts are being used as models. The provisions on corporate rights to sue governments (Investor-State Dispute Settlement or ISDS) arrangements are still being reviewed.

ASEAN/NZ/Australia Free Trade Agreement

The negotiations between ASEAN, New Zealand, and Australia for a Free Trade Agreement concluded at the ASEAN Economics Ministers Meeting on Closer Economic Relations in August 2008. The agreement was signed at the East Asia Summit in February 2009.

ASEAN is comprised of Burma, Thailand, Malaysia, Indonesia, Cambodia, Singapore, the Phillipines, Brunei, Laos, and Vietnam.

The inclusion of Burma in the agreement amplifies AFTINET's concerns about the need to ensure that our trading practices strengthen human rights commitments, not undermine them.