International trade and investment law
The Office of International Law works closely with the Department of Foreign Affairs and Trade (DFAT) in negotiating international trade agreements. The Office is also responsible for providing advice to government on compliance with its international trade obligations. In addition to general treaty drafting, it has a particular expertise in areas such as:
- dispute settlement
- investment
- telecommunications
- intellectual property.
International trade agreements are negotiated at any one of the following 3 levels:
- multilateral level, under the umbrella of the World Trade Organization
- regional level, such as Asia Pacific Economic Cooperation (APEC)
- bilateral level, such as free trade and investment agreements with key trading partners.
The Australian Government's Free Trade Agreements and information regarding Australia's Trade Policy can be found on the Department of Foreign Affairs and Trade website.
Investor-state dispute settlement
The Office of International Law has responsibility for managing investor-state dispute settlement (ISDS).
Historically, Australia has been subject to one ISDS claim brought by Phillip Morris Asia challenging Australia’s introduction of plain packaging tobacco legislation.
This claim was successfully defended on 18 December 2015 when the tribunal found it had no jurisdiction to hear the claim.
For further information on Australia’s position on ISDS provisions see the Department of Foreign Affairs and Trade website.
Zeph Investments Pte Ltd
Australia is currently defending 4 ISDS claims brought by Zeph Investments, a Singaporean entity ultimately owned by Mr Clive Palmer. On 8 November 2024, the parties agreed to temporarily suspend proceedings in the second, third and fourth arbitrations until the jurisdictional ruling is handed down in the Balmoral Claim.
The Balmoral Claim: Zeph Investments Pte Ltd v The Commonwealth of Australia (I)
The Balmoral Claim (PCA Case No 2023-40) relates to the proposed Balmoral South Iron Ore Project of Mr Palmer’s Australian company, Mineralogy Pty Ltd, in the Pilbara region of Western Australia. Zeph seeks damages of approximately A$300 billion in this claim.
Find out more about the Balmoral Claim on the Permanent Court of Arbitration website.
The Environmental Offsets Claim: Zeph Investments Pte Ltd v The Commonwealth of Australia (II)
The Environmental Offsets Claim (PCA Case No 2023-67) relates to certain mineral exploration permits held by Mr Palmer’s Australian company, Waratah Coal Pty Ltd, in the Galilee Basin of Queensland. Zeph seeks damages of approximately A$41 billion in this claim.
Find out more about the Offsets Claim on the Permanent Court of Arbitration website.
The Galilee Coal Project Claim: Zeph Investments Pte Ltd v The Commonwealth of Australia (III)
The Galilee Coal Project Claim (PCA Case No 2024-23) relates to a Queensland Land Court recommendation and subsequent decisions of the Queensland Government to refuse an application by Waratah Coal for a mining lease and environmental authority for activities in Queensland’s Galilee Basin. Zeph seeks damages of approximately A$69 billion in this claim.
Notice of Intention to Commence Arbitration under SAFTA
On 20 October 2023, the Commonwealth received a Notice of Intention to Commence Arbitration from Zeph Investments Pte Ltd (‘Zeph’), alleging breaches of Chapter 8 of the Singapore-Australia Free Trade Agreement (SAFTA). This notice has been made available to the public pursuant to Chapter 8, Article 29(1)(a) of SAFTA.
Find out more about the Galilee Claim on the Permanent Court of Arbitration website.
The Jericho Power Station Claim: Zeph Investments Pte Ltd v The Commonwealth of Australia (IV)
The Jericho Power Station Claim (PCA Case No 2024-48) relates to decisions of the Queensland Government to refuse environmental authority and development approval for a proposed coal-fired power plant as part of Waratah Coal’s Galilee Coal Project. Zeph has estimated the value of the project at approximately A$10.1 billion.
Find out more about the Jericho Claim on the Permanent Court of Arbitration website.