Renegotiation of Australia’s Bilateral Investment Treaties

The International Institute for Sustainable Development (IISD) recommends that Australia move away from an outdated bilateral investment treaty (BIT) model that prioritizes investor protection and investor-state dispute settlement. Instead, IISD proposes a reimagined regime where treaties serve as tools for sustainable development, prioritizing investments in climate mitigation, adaptation, and a just transition, while ensuring national law remains the primary regulator.

• IISD recommends that Australia terminate its older-generation bilateral investment treaties with Czechia, Egypt, Hungary, Lithuania, Poland, and Romania, as these 1990s and early 2000s agreements prioritize investor protection over current public policy objectives.
• Future investment treaty frameworks should be designed to address collective action problems, specifically prioritizing investments that support a just transition, climate adaptation, and climate mitigation.
• A modern treaty regime should shift from providing blanket protections that override domestic regulation to a model that recognizes national law as the primary regulator and emphasizes transparency through public accountability and beneficial ownership registries.

APA

International Institute for Sustainable Development (2026). Renegotiation of Australia’s Bilateral Investment Treaties. https://www.iisd.org/publications/brief/submission-renegotiation-australia-bilateral-investment-treaties

Chicago

International Institute for Sustainable Development. Renegotiation of Australia’s Bilateral Investment Treaties. 2026. https://www.iisd.org/publications/brief/submission-renegotiation-australia-bilateral-investment-treaties.

Wikipedia

{{cite press release |author=International Institute for Sustainable Development |title=Renegotiation of Australia’s Bilateral Investment Treaties |date=8 April 2026 |url=https://www.iisd.org/publications/brief/submission-renegotiation-australia-bilateral-investment-treaties |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{internationalinstituteforsustainabledevelopment2026renegotiation, author = {{International Institute for Sustainable Development}}, title = {{Renegotiation of Australia’s Bilateral Investment Treaties}}, publisher = {International Institute for Sustainable Development}, year = {2026}, month = apr, url = {https://www.iisd.org/publications/brief/submission-renegotiation-australia-bilateral-investment-treaties}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }