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Shifting Paradigms in International Investment LawMore Balanced, Less Isolated, Increasingly Diversified$
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Steffen Hindelang and Markus Krajewski

Print publication date: 2016

Print ISBN-13: 9780198738428

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780198738428.001.0001

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Jumping Back and Forth between Domestic Courts and ISDS

Jumping Back and Forth between Domestic Courts and ISDS

Mixed Signals from the Asia-Pacific Region

Chapter:
(p.316) XIII Jumping Back and Forth between Domestic Courts and ISDS
Source:
Shifting Paradigms in International Investment Law
Author(s):

Leon E. Trakman

Kunal Sharma

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198738428.003.0014

The chapter deals with the tension between investor–State disputes being resolved by investor–State arbitrators or domestic courts of law. That tension includes significant and perceptible shifts in policy adopted by different States, including across Asia, that have materially different political, economic, and legal consequences. The chapter examines these shifts, possible reasons for them, and their potential significance. It places particular emphasis on Australia's shifting bilateral and multilateral treaty practices in regard to ISDS, as reflected in its trade and investment policies, and its recent treaties such as with Korean, with Japan, and the impending TPPA with various countries across the Pacific. It also examines recent treaty developments in other Asian States, such as Indonesia. The chapter concludes with a series of recommendations on treaty negotiating, including the prospects of multi-tiered dispute resolution processes being developed and ways of refining investor–State arbitration to build on its strengths and redress its weaknesses.

Keywords:   Asia-Pacific, Australia, ISDS, foreign investment, public interest, public policy

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