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15 - The Trans-Pacific Partnership as a Development of the Australia–United States Free Trade Agreement: Services Liberalisation and Investment Protection

Published online by Cambridge University Press:  11 November 2021

By
Tania Voon  and
Andrew D. Mitchell
Edited by
Jorge A. Huerta-Goldman  and
David A. Gantz
Jorge A. Huerta-Goldman
Affiliation:
TILPA, Geneva
David A. Gantz
Affiliation:
University of Arizona
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Summary

This chapter compares the Trans-Pacific Partnership Agreement (TPP) with the Australia -- United States Free Trade Agreement (AUSFTA), reflecting on relevant developments in the Australia -- United States relationship, including with respect to agriculture and biologic medicines. The chapter focuses on the Chapters on services and investment, addressing areas such as electronic commerce, investor--state dispute settlement (ISDS), and the "carve-out" of tobacco control measures from ISDS in the TPP. The comparison of investment in the two treaties is particularly of interest given the exclusion of ISDS in the AUSFTA and its inclusion (except as between Australia and New Zealand) in the TPP. We conclude that the TPP is a more modern agreement than the AUSFTA with several improvements that provide greater regulatory policy space. However, the inclusion of ISDS as between Australia and the United States in the TPP is questionable.

Keywords

TPPtradeinvestmentservicesinternational economic lawdispute settlement
Type
Chapter
Information
The Comprehensive and Progressive Trans-Pacific Partnership
Analysis and Commentary
 , pp. 327 - 355
Publisher: Cambridge University Press
Print publication year: 2021

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