Please use this identifier to cite or link to this item:
Title: Investor-state dispute settlement and infrastructure projects: a potential impediment to good engineering and planning outcomes in Australia?
Contributor(s): Smith, R B  (author)orcid ; Smith, N N (author)
Publication Date: 2019-05-28
Early Online Version: 2019-05-28
DOI: 10.1080/14488388.2019.1619503
Handle Link:

Over recent years, Investor State Dispute Settlement (ISDS) clauses have been a feature of Australia’s negotiations of Free Trade Agreements (FTAs). ISDS clauses are drafted to provide increased protections for foreign investors of the contracting country parties. Some Australian newspaper journalists, politicians, academics and NGOs continue to promote the view that such provisions will disadvantage Australia. The paper explains the ISDS provisions, enumerates the number of bilateral investment treaties and FTAs to which Australia is party and notes whether they include ISDS provisions. The author explores whether the ISDS provisions pose a real threat to good engineering and planning outcomes which might impact adversely on infrastructure investments by foreign enter-prises. Whilst the initial impression, based on a little known but significant toll road arbitration case from Thailand, is that the potential risk is relatively high. Closer analysis, however, shows that the risk to Australian governments is probably moderately low and can be mitigated further.

Publication Type: Journal Article
Source of Publication: Australian Journal of Multi-Disciplinary Engineering, 15(1), p. 84-90
Publisher: Taylor & Francis Australasia
Place of Publication: Australia
ISSN: 2204-2180
Fields of Research (FoR) 2020: 480308 International trade and investment law
350208 Investment and risk management
Socio-Economic Objective (SEO) 2020: 150101 International agreements on trade
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article
School of Law

Files in This Item:
1 files
File SizeFormat 
Show full item record
Google Media

Google ScholarTM



Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.