Australia's rejection of investor-state arbitration: Causation, omission and implication

Abstract

This article analyzes the Australian Government's announcement that it will no longer include investor-State dispute resolution provisions in future bilateral and regional trade agreements. The Australian policy shift is distinctly at odds with the recalibration strategies employed by other developed States. Philosophically, it is more in line with the hard exit from the investment law regime practiced so far by a limited number of Latin American States. Given Australia's long history as a committed supporter of international law, the Australian policy shift is likely to prove influential to a broad range of countries. With that prospect in mind, this article examines the policy change in th..