ISDS risks in South Korea trade deal - The Canberra Times

In an article published in The Canberra Times, Kyla Teinhaara and Jeffrey Mcgee argue that the recently completed Australia-Korea Free Trade Agreement (KAFTA) should be renegotiated to remove the investor-state dispute settlement (ISDS) clause.

The authors explain that "safeguards" to protect a government from legal action over health or environmental laws have not been effective in other agreements, and cite examples. They also raise concerns about the "significant uncertainty" of the ISDS system and the problem that individuals can be legal representatives for corporations in one case and then arbitrators in another.

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