The Evolution of Foreign Investment Regulation, Treaties and Investor-State Arbitration in Australia

New Zealand Business Law Quarterly, Vol. 21,No. 4, pp. 266-276, 2015

Sydney Law School Research Paper No. 15/97

14 Pages Posted: 5 Nov 2015 Last revised: 30 Jun 2016

See all articles by Luke R. Nottage

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law

Date Written: November 3, 2015

Abstract

This paper outlines the historical evolution of Australia’s foreign direct investment (FDI) regulation generally, under national law and more recently bilateral investment treaties (BITs) or investment chapters of free trade agreements (FTAs). This sets the stage for closer analysis of the policy and politics in Australia over treaty-based investor-state dispute settlement (ISDS), particularly the binding arbitration mechanism since 2010. The paper concludes by highlighting some key contrasts with ISDS debates in New Zealand, a close trading and investment partner. It has retained more bipartisan support for ISDS in recent years, and FTAs generally, despite emergent concerns in the context of the Korea and Trans-Pacific Partnership FTAs.

Keywords: Free trade agreements, international economic law, investor-state dispute settlement (ISDS), arbitration, foreign direct investment (FDI) regulation, Commonwealth law, comparative law, Australia, New Zealand, dispute resolution, law reform process

JEL Classification: K10, K30, K33

Suggested Citation

Nottage, Luke R., The Evolution of Foreign Investment Regulation, Treaties and Investor-State Arbitration in Australia (November 3, 2015). New Zealand Business Law Quarterly, Vol. 21,No. 4, pp. 266-276, 2015; Sydney Law School Research Paper No. 15/97. Available at SSRN: https://ssrn.com/abstract=2685941 or http://dx.doi.org/10.2139/ssrn.2685941

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

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