Senate debates Questions without Notice

Trans-Pacific Partnership Agreement


Marise Payne

Marise Payne NSW, Liberal Party, Minister for Human Services

2:20 pm

I think I have advised the Senate before that there have been in the order of 1,000 consultations in the process towards the TPP. But, in relation to the implications for ISDS and domestic judicial matters, it is possible, I believe, that an ISDS tribunal could examine the same facts and circumstances as a domestic court. However, it does not mean that the ISDS tribunal is accepting or rejecting a domestic court's decision on a question of domestic law. What the tribunal is assessing is whether there has been a breach of an investment commitment made by the government. I do not have any further information—

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