Book contents
- The Comprehensive and Progressive Trans-Pacific Partnership
- The Comprehensive and Progressive Trans-Pacific Partnership
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: The Trans-Pacific Partnership Becomes the Comprehensive and Progressive Agreement for TPP
- 2 Trade Agreements and the U.S. Congress – the Case of the TPP
- 3 The TPP, a Horizontal Overview
- 4 Market Access for Trade in Goods Negotiations in the TPP
- 5 Trade Provisions as Legos? How Chapter 2 of the TPP Was Influenced by WTO Negotiations and Prior US Trade Deals
- 6 The TPP, Agricultural Trade and Food Security
- 7 Rules of Origin and Origin Procedures
- 8 Trade in Textiles and Apparel Goods
- 9 How Far Beyond the TFA? Trade Facilitation in the WTO and the TPP
- 10 Treatment of Trade Remedies under the Trans-Pacific Partnership, Chapter 6
- 11 The SPS Chapter under the TPP Agreement and its Implications
- 12 Technical Barriers to Trade: Improving the Day-To-Day Functioning
- 13 Addressing the Right to Regulate in the CPTPP Investment Chapter: Identifying New Treaty Practice
- 14 Protecting Investment under NAFTA, the Trans-Pacific Partnership and the Comprehensive and Progressive TPP
- 15 The Trans-Pacific Partnership as a Development of the Australia–United States Free Trade Agreement: Services Liberalisation and Investment Protection
- 16 The TPP Agreement’s Substance and Impact on International Trade, NAFTA/USMCA, and Other FTAs: Services Overview: Background, Strategy and Solutions
- 17 Cross-Border Trade in Services (Chapter 10) and Temporary Entry for Business Persons (Chapter 12)
- 18 Financial Services in the TPP
- 19 Telecommunications Chapter in the TPP
- 20 Understanding the TPP Agreement E-Commerce Chapter
- 21 Government Procurement in the Comprehensive and Progressive Trans-Pacific Partnership Agreement: A Global Beachhead for Market Access and Good Governance
- 22 The TPP’s Competition Policy Chapter: Towards Convergence
- 23 Rules for State-Owned Enterprises in Chapter 17 of the Trans-Pacific Partnership Agreement: Balancing Market-Oriented Discipline and Policy Flexibility for States
- 24 Non-Commercial Assistance Rules in the TPP: A Comparative Analysis with the SCM Agreement
- 25 IP in the TPP: How Far Beyond the Existing FTAs Does It Go?
- 26 Strengthening Labor Rights in the Trans-Pacific Partnership Agreement: A Lost Opportunity?
- 27 TPP Trade and Environment Chapter
- 28 Horizontal Regulatory Coherence Aspects of the TPP
- 29 Transparency and Anticorruption
- 30 State-to-State Dispute Settlement under TPP Chapter 28 and NAFTA Chapter 20
- 31 Initial Provisions, Administrative Provisions, Exceptions and Final Provisions (TPP Chapters 1, 27, 29 and 30)
- Index
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
- The Comprehensive and Progressive Trans-Pacific Partnership
- The Comprehensive and Progressive Trans-Pacific Partnership
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: The Trans-Pacific Partnership Becomes the Comprehensive and Progressive Agreement for TPP
- 2 Trade Agreements and the U.S. Congress – the Case of the TPP
- 3 The TPP, a Horizontal Overview
- 4 Market Access for Trade in Goods Negotiations in the TPP
- 5 Trade Provisions as Legos? How Chapter 2 of the TPP Was Influenced by WTO Negotiations and Prior US Trade Deals
- 6 The TPP, Agricultural Trade and Food Security
- 7 Rules of Origin and Origin Procedures
- 8 Trade in Textiles and Apparel Goods
- 9 How Far Beyond the TFA? Trade Facilitation in the WTO and the TPP
- 10 Treatment of Trade Remedies under the Trans-Pacific Partnership, Chapter 6
- 11 The SPS Chapter under the TPP Agreement and its Implications
- 12 Technical Barriers to Trade: Improving the Day-To-Day Functioning
- 13 Addressing the Right to Regulate in the CPTPP Investment Chapter: Identifying New Treaty Practice
- 14 Protecting Investment under NAFTA, the Trans-Pacific Partnership and the Comprehensive and Progressive TPP
- 15 The Trans-Pacific Partnership as a Development of the Australia–United States Free Trade Agreement: Services Liberalisation and Investment Protection
- 16 The TPP Agreement’s Substance and Impact on International Trade, NAFTA/USMCA, and Other FTAs: Services Overview: Background, Strategy and Solutions
- 17 Cross-Border Trade in Services (Chapter 10) and Temporary Entry for Business Persons (Chapter 12)
- 18 Financial Services in the TPP
- 19 Telecommunications Chapter in the TPP
- 20 Understanding the TPP Agreement E-Commerce Chapter
- 21 Government Procurement in the Comprehensive and Progressive Trans-Pacific Partnership Agreement: A Global Beachhead for Market Access and Good Governance
- 22 The TPP’s Competition Policy Chapter: Towards Convergence
- 23 Rules for State-Owned Enterprises in Chapter 17 of the Trans-Pacific Partnership Agreement: Balancing Market-Oriented Discipline and Policy Flexibility for States
- 24 Non-Commercial Assistance Rules in the TPP: A Comparative Analysis with the SCM Agreement
- 25 IP in the TPP: How Far Beyond the Existing FTAs Does It Go?
- 26 Strengthening Labor Rights in the Trans-Pacific Partnership Agreement: A Lost Opportunity?
- 27 TPP Trade and Environment Chapter
- 28 Horizontal Regulatory Coherence Aspects of the TPP
- 29 Transparency and Anticorruption
- 30 State-to-State Dispute Settlement under TPP Chapter 28 and NAFTA Chapter 20
- 31 Initial Provisions, Administrative Provisions, Exceptions and Final Provisions (TPP Chapters 1, 27, 29 and 30)
- Index
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.
- Type
- Chapter
- Information
- The Comprehensive and Progressive Trans-Pacific PartnershipAnalysis and Commentary, pp. 327 - 355Publisher: Cambridge University PressPrint publication year: 2021