Introduction

The inclusion of investor-state dispute settlement (ISDS) provisions in international investment agreements has become contentious around the world. In Australia, the concern intensified after Philip Morris Asia sued the Australian government in 2011 under the Hong Kong-Australia BIT challenging Australia's tobacco plain-packaging legislation. Critics believe the inclusion of ISDS in international investment agreements compromises a government's sovereignty by enabling foreign corporations to sue a government for passing new laws or implementing new policies - effectively, domestic ...