The Fundamental Importance of Foreign Direct Investment to Australia in the 21st Century: Reforming Treaty and Dispute Resolution Practice

Abstract

This paper outlines our collaborative research project for 2014-16, aimed at evaluating the economic and legal risks associated with the Australian Government’s recent approach to investor-state dispute settlement (ISDS), and broader implications for Foreign Direct Investment (FDI) and international investment law particularly in the Asian region. The multidisciplinary research will include econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia's ability to take sovereign decisions on matters of public policy.

Note: A further updated version of this paper appears in the ACICA Review (December 2014).

Keywords: investment, FDI, free trade agreements, international law, arbitration, dispute resolution, comparative law, Asian law, political economy, econometrics

JEL Classification: K10, K30