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Paradigm Shift in International Economic Law Rule-Making: TPP as a New Model for Trade Agreements?

Edited by:  Julien Chaisse,  Henry Gao, Chang-fa Lo

ISBN13: 9789811067303
Published: November 2017
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Hardback
Price: £199.99

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The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment.

The contents of the TPP also reflect its status of being a "new paradigm" as the "21st-Century Trade Agreement" and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs.

The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.

Law and Economics
1. Introduction: Trade policies in the post-TPP era (Julien Chaisse, Henry Gao, Chang fa Lo)
Part 1 The Impact of TPP on International Economic Law Rule-Making
2. The Coherent Fragmentation of International Economic Law: Lessons from the Transpacific Partnership Agreement (Colin B. Picker)
3. On Creating Negotiation Rounds Similar to Multilateral Regimes for the TPP for its Further Improvement (Chang-fa Lo)
4. TPP Trade Remedy System: Development or Divergence from the WTO? (Dukgeun Ahn
Ji Yeong Yoo)
5. Rules of Origin in the Trans-Pacific Partnership (Margaret Liang)
6. Dispute Settlement in the TPP and the WTO: Which way will Asian TPP Members turn? (Lisa Toohey)
7. Friends with Benefits? Amicus Curiae in the TPP Investor-state Dispute Settlement Mechanism (Fernando Dias Simoes)
8. Investment Arbitration under Mega-regional Free Trade Agreements: A 21st Century Model (Mark Feldman)
9. Market Access for Goods in the TPP: The Good, the Bad, and the Ugly (Deborah Elms)
Part 2 New Issues and TPP: Revamping The International Economic Order
10. Competition Chapter in the Trans-Pacific Partnership Agreement: Developing a Template for a Multilateral Framework (Ma. Joy Abrenica
Johannes Bernabe)
11. State-Owned Enterprises in the TPP Agreement (Mitsuo Matsushita)
12. Anti-Corruption Provisions in the TPP: Innovation, effectiveness and Prospects (Chang-fa Lo)
13. TPP Promoting Financial Services as an Investment Playground: Crystalizing a Change in Approach from GATS? (Antoine P. Martin
Bryan Mercurio)
14. WTO to the TPP: Evolution of Environmental Provisions in Trade Agreements (R.V. Anuradha)
15. Enhancing Labour Protection through TPP Labour and Investment Chapters (Tsai-yu Lin)
16. TPP's coup de grace: How the Trademark system prevailed as Geographical Indication system (Danny Friedmann)
17. The Convergence or Divergence of China's FTAs and the TPP? A Case Study of the China-Korea FTA (Heng Wang)
18. Government Procurement in TPP and its Implications for China's GPA Accession Negotiation (Xinquan TU
19. The TPP and Government Procurement in Malaysia (Haniff Ahamat
Nasarudin Abdul Rahman)
Part 3 The Regulation of E-Commerce in the TPP
20. The Regulation of Digital Trade in the TPP: From Trade Regulation to Digital Regulation (Henry Gao)
21. Data protection in the TPP: more emphasis on the "use" than the "protection" (Nohyoung Park)
22. Digital Copyright in the TPP (Jyh-An Lee)
23. The TPP and the Digital Economy: The Agreement's Potential as a Benchmark for Future Rule-Making (Simon Lacey)
Part 4 The Implications of TPP on Asia and Beyond
24. Mega-FTAs and Plurilateral Trade Agreements: Implications for the Asia-Pacific (Meredith Kolsky Lewis)
25. Accession to TPP: Veto Power and "Opt-out" Option (Shintaro Hamanaka)
26. Memento Mori: Membership Issues Surrounding Entry into, Modification of, and Withdrawal from the TPP (Tomohiko Kobayashi)
27. How Far can Indonesia Go? Utilizing TSIA on the Would-be TPP Impact for Indonesia (Riza N. Arfani
Poppy S. Winanti)
28. Picking the Right Alternative: Should India participate in TPP instead of RCEP? (Debashis Chakraborty)