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Is Policy Enough? Investor State Dispute Settlement in Foreign Trade Agreements w/ Jane Kelsey: June 16, 2021

Is Policy Enough? Investor State Dispute Settlement in Foreign Trade Agreements w/ Jane Kelsey: June 16, 2021

Is Policy Enough? Investor State Dispute Settlement in Foreign Trade Agreements w/ Jane Kelsey: June 16, 2021 Is Policy Enough? Investor State Dispute Settlement in Foreign Trade Agreements w/ Jane Kelsey: June 16, 2021, 12.59 MB
Tuesday, June 15, 2021

Since taking power in 2017, the Labour Government has stood by their policy "Investor State Dispute Settlements (ISDS) in future trade agreements". Including ISDS in an agreement means that foreign investors can sue the government directly for massive compensation when domestic policies impact the success of their brands.

However, under the Comprehensive Progressive Agreement for Trans-Pacific Partnership (CPTPP), of which New Zealand is a partner, the ISDS mechanism is not removed, it is simply suspended. University of Auckland Law Professor and prominent critic of the TPPA and the CPTPP trade agreements, Jane Kelsey has raised concerns that the Labour Government's policy against ISDS is not enough. She says that legislation is necessary to ensure that the policy is not traded off in the negotations for the UK to be a part of the CPTPP and create a bilateral trade agreement with New Zealand and Australia. 

News and Editorial Director Jemima Huston speaks to Jane Kelsey to break down some of the core ideas under this issue. They discuss the origins and purpose of the CPTPP, the problem with ISDS and how the Labour Government's trade agreements with the UK could be impacted by ISDS.