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Investor-State Dispute Settlement (ISDS) in Investment Treaties



21 August 2012

Professor Luke Nottage says the ongoing arbitration claim of 'expropriation' that Philip Morris Asia initiated under the 1993 Hong Kong-Australia bilateral investment treaty should not feed into a blanket rejection of any forms of investor-state dispute settlement (ISDS) in investment treaties.

In an article for East Asia Forum, Professor Nottage says an alternative for the Federal Government is to amend the 1993 treaty to suspend Philip Morris Asia's pending claim.

"More generally, Australia should consider including ISDS provisions in future treaties but expressly reserve its right to agree with the treaty partner to suspend particular types of claims, such as claims regarding public health issues," he writes.

View the entire article - Treaty-based investor-state dispute settlement mechanisms not all bad - East Asia Forum

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