Jump to ContentJump to Main Navigation
Regionalism in International Investment Law$
Users without a subscription are not able to see the full content.

Leon Trakman and Nicola Ranieri

Print publication date: 2013

Print ISBN-13: 9780195389005

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780195389005.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 February 2020

Australia's Rejection of Investor–State Arbitration: A Sign of Global Change

Australia's Rejection of Investor–State Arbitration: A Sign of Global Change

Chapter:
(p.344) 12 Australia's Rejection of Investor–State Arbitration: A Sign of Global Change
Source:
Regionalism in International Investment Law
Author(s):

Leon E. Trakman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195389005.003.0012

This chapter analyzes the significance of Australia's rejection of investor-state arbitration (ISA). It challenges the Australian Productivity Commission's contention that ISA should be rejected on grounds that it is objectively inferior to other mechanisms of dispute resolution. It evaluates the consequences of resorting to domestic courts, as distinct from ISA to resolve investment disputes. It argues that poking metaphorical holes in ISA is offset by the debilitating holes in domestic courts attempting to resolve investor-state disputes transparently, evenhandedly, and in particular, consistently and fairly. The chapter recommends changes to ISA that may accommodate some of its perceived deficiencies, redress some of Australia's concerns, and enable Australia to participate in investment treaties in which ISA is most likely to prevail. It concludes by arguing against the Australian government's summary rejection of ISA because that rejection lacks an entirely justifiable basis.

Keywords:   investor-state arbitration, investment policy, Australian Productivity Commission, dispute resolution, domestic courts, investment treaties

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .