Extract from “Can bauxite mining be stopped post-TPPA?”

There is a provision in the TPPA which says that a country can enact measures to ensure that investment activity in its territory is conducted in a manner sensitive to its environmental, health and other regulatory objectives.

However, these measures must be consistent with the investment chapter which protects these investments; and this requires the government not to take any measure that would upset the reasonable expectation of the investor to “fair and equitable” treatment.

Arbitration panels, as the cases earlier illustrate, have been imaginative in deciding such cases in favour of the investor under this provision – with the result that awards running into millions and billions of US dollars have been awarded against governments.

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