Dr. Kyla Tienhaara is a research fellow in the School of Regulation and Global Governance (RegNet) and co-director of the Climate and Environmental Governance Network (CEGNet), Australian National University.
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In this Sydney Morning Herald opinion piece, Kyla Tienhaara and University of Toronto’s Gus Van Harten ask why the government has signed a treaty before completing the treaty negotiations. The ‘bizarre’ development opens the way for problematic ISDS clauses and sets the scene for a ‘lopsided’ China-Australia Free Trade Agreement, Tienhaara and Van Harten argue.
They suggest holding the government to account by asking the following three questions:
Why did the government accept an investment chapter that is unequal on market access and non-discrimination, in China’s favour?
Why did the government punt the most controversial aspects of ISDS to a future committee?
Why did the government ensure it could keep key documents and hearings in ISDS – especially in Chinese investors’ claims against Australia – from the public?
Read the entire article in the Sydney Morning Herald.