As in some developing countries and more recently some developed countries worldwide and in the Asian region, Australia has faced significant internal opposition and public debate especially over treaty-based investor-state dispute settlement (ISDS). As outlined in Part II(1), concerns have...

New Zealand's newly elected Labour coalition government announced in October 2017 that it would not agree to investor-state dispute settlement (ISDS) provisions in future trade and investment agreements, and would try to amend them in the Trans-Pacific Partnership (TPP) agreement. This has...

The unclarity and uncertainty in international customary law, which governed foreign investments during the colonial era and resistance of the developing countries to the vague norms of the customary law, after the colonial era, prompted states to seek more certain and stable legal framework for...