Question regarding potential litigation against Western Australia under the AUSFTA, specifically concerning international waste disposal and the Metalclad case. The Premier's answer indicates WA is not directly exposed to investor-state disputes under the agreement.

AnsweredQoN 1672Legislative Council
Asked
2 March 2004
Portfolio
Premier

QuestionView source ↗

With regard to the Australian - United States Free Trade Agreement and international waste disposal and the result of the of the litigation by the US company Metalclad in Mexico -
Is Western Australia now placed under the same potential for litigation?

AnswerView source ↗

Answered
1 April 2004
Responded by
Leader of the House representing the Premier
Response time
30 days
I understand, however, from the information that the Commonwealth Department of Foreign Affairs and Trade has provided on its website, that there is no investor-state dispute settlement provision in the agreement. Any disputes against Australia will need to be pursued by the United States Government against the Commonwealth Government, not against individual Australian States.

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