International trade 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.
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.