Australia's new policy on investor-state dispute settlement

3 August 2011

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SCIL seminar series 2011

The Sydney Centre for International Law presents its seminar series on cutting edge developments in public and private international law.

The seminars in the series will be presented by members of the Centre and by other experts including leading judges and practitioners who will share their expertise in key areas of public and private international law of relevance, allowing participants to stay up to date in these rapidly changing fields.

Topics to be addressed include the future of private international law in Australia, the regulation of the offshore oil and gas sector in light of international developments, new UN rules concerning the human rights and corporate activities, the legal implications of an emerging Asia-Pacific community and the ethics of cross-jurisdictional practice.

The seminars are designed to appeal to a broad audience. Lawyers and barristers will be entitled to accrue CPD units for attending the seminars.

30 May - Offshore resources law: recent developments
27 June - After Ruggie: the future of business and human rights - from courtrooms to boardrooms and beyond
3 August - Australia's new policy on investor-state dispute settlement
30 August - SCIL and CAPLUS present: building an Asia Pacific community
September - Ethics of cross-jurisdictional practice

Australia's new policy on investor-state dispute settlement

Guest speakers
Max Bonnell, Partner, Mallesons Stephen Jaques and Adjunct Professor, Sydney Law School
Associate Professor Chester Brown, Sydney Law School
Associate Professor Luke Nottage, Sydney Law School


Robert Pritchard, Managing Director, ResourcesLaw International

This event will take place under the Chatham House Rule

About the seminar

In April 2011, the Gillard Government announced in its Trade Policy Statement: Trading Our Way to More Jobs and Prosperity that it would significantly restrict the practice of including investor-state dispute settlement provisions in bilateral investment treaties and free trade agreements. In doing so, it adopted one of the recommendations of the Australian Productivity Commission's report on bilateral and regional trade agreements, which was published in December 2010. The stated reasons for this major policy shift include the Government's concern that it should not support provisions that would constrain the ability of Australian governments to make laws on social, environmental and economic matters, or provisions that confer greater legal rights on foreign businesses than those available to domestic businesses. This change in Australia's approach to the negotiation of international investment agreements has been welcomed by some constituencies, but has also caused disquiet in others.

This seminar will focus on this new policy, and consider the implications for the Australian Government, Australian private business, and other stakeholders in inward and outward foreign investment.

Background reading: Nottage, Luke R, The Rise and Possible Fall of Investor-State Arbitration in Asia: A Skeptic's View of Australia's "Gillard Government Trade Policy Statement" (10 June 2011) Sydney Law School Research Paper No. 11/32; Investor-state Arbitration Policy and Practice after Philip Morris v Australia (1 July 2011).

This seminar is presented by the Sydney Centre for International Law and the Australian Network for Japanese Law. It is also supported by the Chartered Institute of Arbitrators - Australian Branch and the Australian Centre for International Commercial Arbitration. ____________________________________

Registration fees
Full fee: $135 (inc GST)
SLS Alumni: $108 (inc GST)
CIArb member: $108 (inc GST)
ACICA member: $108 (inc GST)
Govt/NGO: $33 (inc GST)
Academic and F/T student: $33 (inc GST)

Lawyers/barristers: attendance at this seminar is equal to 1.5 MCLE/CPD units.
For a full program of current MCLE/CPD eligible events, please click here.

Time: 6-7.30pm (registration and refreshments from 5.30pm)

Location: Minter Ellison Room, Level 13, St James Campus, 173 - 175 Phillip Street, Sydney

Cost: See above for details

Contact: Event Coordinator

Phone: 9351 0238

Email: 2f2c4f5a5205155c1d380f36361223032c400e0901605702