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Presentation
A Supplementary Submission on Trojan Horse Clauses: Investor-State Dispute Settlement
(2014)
  • Matthew Rimmer, Australian National University College of Law
Abstract

Executive Summary This supplementary submission considers a number of new developments in Investor-State Dispute Settlement in Canada, North America, the European Union, and Africa. This supplementary submission highlights the application of Investor-State Dispute Settlement in the context of water rights, intellectual property, and media regulation. This supplementary submission also highlights the conflict between domestic courts and international tribunals in Investor-State Dispute Settlement, raising significant issues about the rule of law and justice. Recommendation 14 In light of the work of Maude Barlow and the Council of Canadians, it is evident that Investor-State Dispute Settlement has a significant impact upon water rights. Recommendation 15 There have been reservations expressed about Investor-State Dispute Settlement by both Canada and Germany in discussions over the Comprehensive Economic and Trade Agreement (CETA). Recommendation 16 There has been great controversy in the European Union during consultations over the possible inclusion of Investor-State Dispute Settlement in the Trans-Atlantic Trade and Investment Partnership. Recommendation 17 In light of the Al-Jazeera dispute, Investor-State Dispute Settlement could have a significant impact upon Australian media and communications law – particularly in respect of the regulation of media ownership, diversity, and content.

Keywords
  • Trade,
  • Intellectual Property,
  • Investor-State Dispute Settlement,
  • Investment.
Publication Date
August 6, 2014
Citation Information
Matthew Rimmer. "A Supplementary Submission on Trojan Horse Clauses: Investor-State Dispute Settlement" (2014)
Available at: http://works.bepress.com/matthew_rimmer/201/