TPP Mk II

While in Europe we were busy campaigning about TTIP and its ISDS clauses, the Obama administration were trying the same trick on their other coast, then called the Trans-Pacific Partnership. Trump pulled out, but the remaining countries completed the treaty, now renamed, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership with a modified a more limited ISDS and intellectual property clauses. The British Govt. have applied to join to the applause of Lord Hannan, an ex MEP and so I think we need to understand the ISDS & IPR clauses, and the direction of travel. If the US decide to rejoin, they will probably seek to ‘improve’ the ISDS and IPR chapters. We should note it has a Commission. Here as ever are my notes.

  1. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership, by Nishimura & Asahi at Lexology, This piece will focus on the most relevant provisions of CPTPP’s investment chapter and explain why it can be qualified as a modern investment agreement.
  2. https://www.dfat.gov.au/trade/agreements/in-force/cptpp/outcomes-documents/Pages/cptpp-investor-state-dispute-settlement
  3. CPTPP’s Investment Chapter: Progressive or a mere reiteration?, a Bachelor’s dissertation essay by Toby Major, written for a degree issued by the U. of Wellington, in NZ.
  4. https://www.iisd.org/itn/en/2017/12/21/tpp-11-ministers-agree-on-core-elements-of-the-comprehensive-and-progressive-agreement-for-trans-pacific-partnership-cptpp/ on the 2017 treaty, which I think is the first one signed.
  5. Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Wikipedia
  6. https://web.archive.org/web/20190126060912/https://dfat.gov.au/trade/agreements/in-force/cptpp/news/Pages/news.aspx , the first commission meeting, by the Australian Govt.
  7. https://www.instituteforgovernment.org.uk/explainers/trade-cptpp, this talks about the commission and the arbitration process, but it remains unclear if the Commission is a standing committee that meets infrequently or an ad-hoc committee to which the Parties send representatives as they see fit, less of a committee, more of a Conference

An article by Nick Dearden on CPTPP

Who will really benefit from Britain’s tilt towards trade with Asia?

Here’s a map of current members,

CPTPP 2020

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