Senate passes motion to ban ISDS

16 October 2016: The Australia Senate has passed a motion brought by independent senator Jacqui Lambie to ban ISDS from being included in trade agreements.

Senator Lambie noted that ISDS clauses restrict Australia’s sovereignty and ability to legislate in the public interest and that many ISDS claims were won or settled in favour of multinational corporations. She cited a 2009 case of Swedish energy company Vattenfall brining a successful claim against the German Government over quality controls for waste waters released from their power plant and a 2015 case won by US company Bilcon against the government of Canada for not allowing it to build a quarry and marine terminal in an ecologically sensitive coastal area.

The Coalition Government does not have a majority in the Senate, and if independents and minor parties stand together they could block the implementing legislation of the TPP, which does include an ISDS clause.

The Senate inquiry into the TPP is currently accepting submissions until October 28. Find out how to prepare a short submission here.