Abstract
This paper is a submission to the Australian Department of Foreign Affairs and Trade (DFAT) in response to DFAT's Discussion Paper of 2020 regarding a Review of Australia's Bilateral Investment Treaties. I recommend including in new or revised treaties clarifications on the core investment obligations as well as general exceptions applicable to those obligations. I also propose modifying clauses in relevant bilateral investment treaties to make clear that advance consent is given to ICSID arbitration, if that is the intention. I propose excluding public welfare measures from investor-State dispute settlement, as in the China Australia Free Trade Agreement. I also urge that Australia, when agreeing a newer international investment agreement, to the extent possible seek to terminate the original bilateral investment treaty and its survival clause.
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