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coverage in Australia (Part 1). The policy shift leaves a strong sense of déjà vu, namely the Gillard Government Trade Policy … Statement of 2011 that eschewed ISDS for Australia until its general election of 2013, and New Zealand's stance complicates … been little reported (Part 3). There has also been very little reporting about ISDS case developments related to Australia …
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Australia has successfully defended its first investment treaty claim, brought by Philip Morris Asia Ltd under the … bilateral investment treaty between Australia and Hong Kong. As researchers investigate the impact of such claims on treaty … design, Australia provides an interesting case study. While causation between the Philip Morris claim and the drafting of …
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When an investor sues a state for alleged breaches of its obligations under an investment treaty or a trade agreement with investment provisions, all that should matter for who wins the case are the merits of the claim itself. Alas, investor-to-state dispute settlement (ISDS) does not take place...
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This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss...
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Empirical research on the impact of investment treaties has focused almost exclusively on their effect on foreign investment, with mixed results. Yet, another important promise of the treaties has been ignored altogether. Architects of the investment treaty regime, as well as many current...
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