The Fundamental Importance of Foreign Direct Investment to Australia in the 21st Century: Reforming Treaty and Dispute Resolution Practice
(December 2014) ACICA Review, Vol 2, No 2, ISSN: 1837 8994
17 Pages Posted: 17 Sep 2015
Date Written: September 10, 2015
This paper outlines our collaborative research project for 2014-16, aimed at evaluating the economic and legal risks and benefits associated with the Australian Government’s recent approach to investor-state dispute settlement (ISDS), and broader implications for Foreign Direct Investment (FDI) and international investment law particularly in the Asian region. The multidisciplinary research will include econometric modelling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia's ability to take sovereign decisions on matters of public policy. The authors welcome feedback from readers, and especially any opportunity for interviews with readers or other individuals and organisations with practical experience of international investment dispute management.
Keywords: investor-state dispute settlement, foreign direct investment, international investment law, Australia, Asia, stakeholder surveys, interviews
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