Nucoal Resources Ltd v NSW: the Mining Industry and Potential Health Impacts of Investor State Dispute Settlement in Australia

TA Faunce and S Parikh NuCoal Resources Ltd v NSW the Mining Industry and Potential Health Impacts of Investor State Dispute Settlement in Australia (2016) 23 JLM 801

12 Pages Posted: 29 Oct 2018

See all articles by Thomas Alured Faunce

Thomas Alured Faunce

Australian National University

Shaneel Parikh

Australian National University (ANU)

Date Written: 2016

Abstract

The Climate Council recently detailed the adverse health impacts of coal on Australian citizens and their environment. Such reports confirm established evidence that coal mining not only releases atmospheric toxins but destroys prime farming land and rivers. This column examines how the revocation of coal mining leases, after proven corruption by disgraced New South Wales politicians was upheld by the High Court (NuCoal Resources Ltd v New South Wales [2015] HCA 13) was challenged using mechanisms in the Australia-US Free Trade Agreement and potentially the Trans-Pacific Partnership (TPP) Agreement. It is likely that foreign investors in the Australian coal mining and fracking industries will circumvent imprecise exceptions and use investor-state dispute settlement (ISDS) clauses in the TPP to initiate claims for damages before panels of conflicted investment arbitrators, alleging appropriation of their investments as a result of Australian legislation or policy taken against the coal industry on public health grounds. This issue is explored through analysis drawn from an extant investor-state dispute involving the mining industry in North America.

Note: This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as ‘TA Faunce and S Parikh, NuCoal Resources Ltd v New South Wales: The Mining Industry and Potential Health Impacts of Investor State Dispute Settlement in Australia, 2016, 23, JLM, 801’.

This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039.

Keywords: Mining Industry, Coal Industry, Investor State Dispute Settlement, ISDS, TPP, Trade and Investment Agreements, Climate Change Law

JEL Classification: I18, K32

Suggested Citation

Faunce, Thomas Alured and Parikh, Shaneel, Nucoal Resources Ltd v NSW: the Mining Industry and Potential Health Impacts of Investor State Dispute Settlement in Australia (2016). TA Faunce and S Parikh NuCoal Resources Ltd v NSW the Mining Industry and Potential Health Impacts of Investor State Dispute Settlement in Australia (2016) 23 JLM 801. Available at SSRN: https://ssrn.com/abstract=3241849

Thomas Alured Faunce (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 0200
Australia
61 2 61253563 (Phone)

Shaneel Parikh

Australian National University (ANU) ( email )

Canberra, Australian Capital Territory 2601
Australia

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