The dispute in the article to which you linked is not an ISDS dispute.
The US has not yet lost an ISDS dispute, although it surely will (Keystone XL comes to mind). It nearly lost one, but the Government 'leaned on' one of the arbitrators beforehand.
Oh, FFS. The article is quite clear. If someone reads the headline and doesn't understand after a few paragraphs what it's all about, that person clearly isn't fit to post here.
> "alleged direct expropriations of investments" is a pretty big and vague category.
No it's not. Expropriation is a well understood concept in International Law.
> E.g. the recent tax changes that have been occurring around the world to prevent companies avoiding taxes by offshoring profits could fall under this category.
No they couldn't. Taxation is not expropriation, period.
It should also be concerned about the potential for "regulatory chill" from the clauses that would prevent further liberalisation of Australia's intellectual property and labour laws after it had been ratified.
How did the word 'further' get in there? There hasn't been any liberalisation of Australia's IP or labour laws in recent times, with IP laws in particular being tightened up as a result of AUSFTA (Australia - US Free Trade Agreement).
What this tells me is you have someone in that DA's office who has too much ambition. It seems likely someone wanted to pad their statistics for child porn prosecutions, to help a future bid for public office. This is someone to watch, because this is a person who cares more for personal power than for justice or actually serving the community.
What this tells me that you think the entire world's legal system is modelled on that in the US.
Which is exactly what the ISDS is being used for in a majority of cases.
No it's not.
"State conduct most frequently challenged by investors in 2015 included legislative reforms in the renewable energy sector, alleged direct expropriations of investments, alleged discriminatory treatment, and revocation or denial of licences or permits."
Source: ‘Investor-State Dispute Settlement: Review of Developments in 2015’ (United Nations Conference on Trade and Development (UNCTAD) 2016)
My country was on the receiving end of an ISDS lawsuit over plain-packaging cigarettes. You can't imagine what it's like to have your country's sovereignty violated by an international company who just wants to exploit you for money.
And your country prevailed. How was your country's sovereignty violated? Your country signed up to a treaty that had arbitration provisions, and an investor took advantage of them to initiate a dispute, which it lost.
It's worth mentioning that ISDS lawsuits won't necessarily come from *foreign* investors. The Canadian mining company Lone Star Pine sued the Canadian government for $250 million after the province of Quebec banned fracking. They were able to do so under NAFTA’s ISDS rules, using their Delaware-registered subsidiary.
Lone Pine Resources Inc is a US company, which has a Canadian subsidiary - Lone Pine Resources Canada Ltd.
To be pedantic, The Obama administration did not release the TPP text. It was released by New Zealand, the official repository country for the agreement. https://www.tpp.mfat.govt.nz/text
Other countries then published it on their own websites.
I've often read it as "Obama decided to release the text". He didn't. The 12 nations decided.
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Please.
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Re: Re: Re: ISDS question
The US has not yet lost an ISDS dispute, although it surely will (Keystone XL comes to mind). It nearly lost one, but the Government 'leaned on' one of the arbitrators beforehand.
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Surely the objective is to cure the patient who has parasites. Albenza does cure some parasite related infections.
What research should your doctor have done that s/he did not?
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Clarity
Other than by the name of Anonymous Coward.
Oops. Sorry.
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No it's not. Expropriation is a well understood concept in International Law.
> E.g. the recent tax changes that have been occurring around the world to prevent companies avoiding taxes by offshoring profits could fall under this category.
No they couldn't. Taxation is not expropriation, period.
On the post: Surprise: Now Even Australia's Biggest Business Organization Says It Has Doubts About TPP
IP 'liberalisation'
How did the word 'further' get in there? There hasn't been any liberalisation of Australia's IP or labour laws in recent times, with IP laws in particular being tightened up as a result of AUSFTA (Australia - US Free Trade Agreement).
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Re: Blame the Prosecutor, Not the Judge
What this tells me that you think the entire world's legal system is modelled on that in the US.
It ain't. Fortunately.
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He will be on the register for eight years.
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No it's not.
"State conduct most frequently challenged by investors in 2015 included legislative reforms in the renewable energy sector, alleged direct expropriations of investments, alleged discriminatory treatment, and revocation or denial of licences or permits."
Source: ‘Investor-State Dispute Settlement: Review of Developments in 2015’ (United Nations Conference on Trade and Development (UNCTAD) 2016)
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Re: US "hasn't lost"
Were it not to do so, there are mechanisms to use domestic courts in other countries to seize US assets.
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And your country prevailed. How was your country's sovereignty violated? Your country signed up to a treaty that had arbitration provisions, and an investor took advantage of them to initiate a dispute, which it lost.
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Re: Another angle on ISDS...
Is Twitter an investor in Turkey?
Is YouTube an investor in Pakistan?
Which article of which treaty has China breached in imposing its censorship?
Apple is a US company.
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Lone Pine Resources Inc is a US company, which has a Canadian subsidiary - Lone Pine Resources Canada Ltd.
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Stop it children
Grow up, both of you, or you won't get cookies and milk after school.
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Other countries then published it on their own websites.
I've often read it as "Obama decided to release the text". He didn't. The 12 nations decided.
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