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
30 - State-to-State Dispute Settlement under TPP Chapter 28 and NAFTA Chapter 20
Published online by Cambridge University Press: 11 November 2021
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
Summary
It is easier to understand Chapter 28 of the Trans-Pacific Partnership (TPP), which is unchanged in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), after first considering its origins in Chapter 20 of the North American Free Trade Agreement (NAFTA). Accordingly, Section 1 of this chapter discusses the structure and history of NAFTA, Chapter 20. Section 2 discusses the innovations reflected in the TPP. In general the focus is on the significance of the changes, where despite modification of the language it remains possible for a recalcitrant Party to block the formation of panels, as has been the unfortunate case with NAFTA.
- Type
- Chapter
- Information
- The Comprehensive and Progressive Trans-Pacific PartnershipAnalysis and Commentary, pp. 683 - 694Publisher: Cambridge University PressPrint publication year: 2021