Trans-Pacific Partnership

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.

AFTINET submission to the Joint Committee and Senate inquiries says no to the TPP-11

3 May, 2018: AFTINET's full submission to the Joint Committee and Senate inquiries into the TPP-11 is available here, and summarised below. The Joint Standing Committee on Treaties is due consider submissions, hold public hearings and report on August 22, but the government may attempt to cut short the process. The Senate inquiry is accepting submissions until May 31, and is due to report on September 18. Parliament will then vote on the implementing legislation.

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.

Trump backflip on the TPP exposes its problems: full parliamentary scrutiny needed

Media Release, April 13: "US President Trump’s announcement that he will renegotiate what is now the TPP-11 exposes the dodgy nature of the deal. The remaining 11 countries reached agreement on the basis that bad provisions sponsored by the US are identified as unacceptable but are only suspended and remain in the deal, and could be reactivated if the US re-joined,” AFTINET Convener Dr Patricia Ranald said today.

Points for submission to the Senate inquiry on the TPP-11: due May 31

Your submission will be most effective if it is in your own words, and related to your experience. Below are some points you can use. 

Senate Inquiry submissions close on May 31. You can send your message by email to fadt.sen@aph.gov.au

The  TPP-11 text can be found here.  AFTINET's full submission to JSCOT is available here

 

TPP-11: Government attempt to cut short inquiries would prevent democratic scrutiny, says AFTINET

Media release April 4, 2018: AFTINET Convener Dr Patricia Ranald today called on the government not to cut short parliamentary inquiries which are intended to scrutinise the revised TPP-11 (renamed the Progressive Comprehensive TPP) before Parliament votes on the implementing legislation.

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.

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