India and Indonesia are withdrawing from their BITs, Singapore’s Attorney General and the Chief Justice of Australia’s highest court have expressed concerns about ISDS, and The New Zealand Chief Justice noted that human rights based determinations of domestic courts may give rise to ISDS claims.
In countries outside RCEP, there is also opposition to ISDS including:
Other countries such as South Africa and Ecuador are withdrawing from their BITs,
Germany’s Economic Minister opposes ISDS in Europe’s FTA negotiations with the USA,
the Dutch, French and Austrian Parliaments oppose ISDS in their FTA negotiations with Canada and the USA, and
All US state-level parliaments oppose ISDS in any treaty.
Various United Nations (UN) human rights bodies have also stated their serious concerns about ISDS including 10 UN Special Rapporteurs/Independent Experts on human rights who said that the ISDS cases demonstrate ‘that the regulatory function of many States and their ability to legislate in the public interest have been put at risk’ and governments have been chilled from regulating. They recommended that in negotiations of FTAs like RCEP, the negotiating texts are published and the negotiations are conducted transparently with the participation of stakeholders including civil society.
RCEP trade ministers will meet in Laos on 5 August 2016 to try and resolve some of the issues that are stuck in the negotiations. Given this, the 95 national and regional civil society organisations listed below which cover all RCEP countries (a number of persons requested additionally to sign on as individuals) strongly urge RCEP countries to reject ISDS in the agreement.
*The RCEP countries are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Viet Nam, Australia, China, India, Japan, Korea and New Zealand