Dissenting Report by Senator Peter Whish-Wilson
Australian Greens Senator for Tasmania
1.1
The Australian Greens acknowledge the relatively measured tone of the
committee report. This is notable in comparison to the more partial tone of the
report of the Joint Standing Committee on Treaties (JSCoT) report on ChAFTA.
1.2
The Australian Greens agree with a number of the conclusions made by the
references committee, which are summarised in the statement:
The committee continues to have misgivings regarding ChAFTA,
including in relation to the sectors which will be affected by inequitable
tariff changes, the requirements to conduct labour market testing and the
eventual scope of the ISDS mechanism.
1.3
The Australian Greens also support the conclusion that “the unfinished
nature of the ISDS provisions within ChAFTA is concerning” and support the
intention of Recommendation 1 being to ensure that the future review of
the ISDS provisions in ChAFTA does not further erode Australia's sovereignty.
There is a very real prospect that the most insidious aspects of ISDS that are
absent in the current provisions, such as indirect expropriation, will be put
on the negotiating table during the future review of these provisions. This
fear is based on the explanation provided by DFAT as to why the ISDS chapter is
unfinished. DFAT stated during the JSCoT public hearings that China preferred
to wait until it had completed bilateral negotiations with the EU and the US
before finalising ISDS provisions. In other words, China will wait to see what
it works out with the EU and the US, and will then likely ask Australia to
replicate whatever is agreed to with the EU and the US.
1.4
As such, the Australian Greens do not support the final recommendation
of the committee that binding action be taken. The Australian Greens do not
support justification for this recommendation on the basis that Australian
businesses are assured to benefit from ChAFTA. One of the fundamental problems
with Australia's treaty-making process is that there is no requirement for an
independent economic analysis of the benefits of a trade agreement before it is
signed or enabled. Even so, the economic analysis commissioned by the
department shows that ChAFTA is only expected to provide a competitive
advantage to Australia for the next five years, principally because China is in
the process of negotiating bilateral treaties with the EU and the US.
1.5
Further, the Australian Greens believe that the incomplete protections
provided for labour-market testing requirements, and the absence of any
consideration of environmental standards, are further reason for the committee
to recommend that binding action not be taken.
Recommendation 1
1.6
That binding treaty action not be taken in relation to the Free Trade
Agreement between the Government of Australia and the Government of the
People's Republic of China.
Senator
Peter Whish-Wilson
Australian Greens
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