Quick Guide: Key Investment & Investor-State Dispute Settlement (ISDS) Outcomes
The Korea-Australia Free Trade Agreement (KAFTA) will provide improved access and protection for Australian investors and investments in Korea. It will also promote increased Korean investment in Australia.
KAFTA ISDS is a modern, balanced mechanism with explicit safeguards for legitimate public welfare regulation
- Investment obligations can be enforced directly by Australian investors (and by Korean investors) through an ISDS mechanism. An ISDS claim can only be made on the basis of a breach of an investment obligation or commitment. It cannot be based on a breach of an obligation in other parts of KAFTA such as the intellectual property or environment chapters.
- The KAFTA Investment Chapter and ISDS provisions include explicit safeguards to protect legitimate public welfare regulation, including in areas such as public health, and the environment. These include: safeguards built into the Investment Chapter obligations; ‘reservations’ which allow Australia to reserve policy space in sensitive areas; general exceptions; and procedural safeguards built into the ISDS mechanism.
- ISDS does not apply to decisions made concerning investments which are subject to review under Australia’s foreign investment policy.
KAFTA will promote increased Korean investment in Australia
- KAFTA raises the screening threshold at which Korean investments in non sensitive sectors are considered by Australia’s Foreign Investment Review Board from $248 million to $1,078 million.
- Australia retains the ability to screen investments in sensitive sectors, including media, telecommunications, defence, and agriculture at lower levels.
KAFTA will improve opportunities and protections for Australian investors
- Under KAFTA, Korea will further open its economy to Australian investors through the progressive reduction of market access barriers in key sectors including: telecommunications; legal services; and accounting and tax agency services.
- KAFTA will provide enhanced protections and certainty for Australian investors in Korea (and for Korean investors in Australia) with measures to ensure non discrimination, and protection and security for investments.