State-State Dispute Settlement Under the Trans-Pacific Partnership Agreement
Tania Voon (ed), Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement, Edward Elgar, 2013
23 Pages Posted: 9 Feb 2013 Last revised: 21 Apr 2015
Date Written: January 23, 2013
This chapter evaluates a number of special legal issues facing the negotiating parties of the Trans-Pacific Partnership Agreement (‘TPP’) as they develop a formal State-State dispute settlement mechanism. In particular, it looks at issues relating to conflicts of norms, conflicts of jurisdiction, and rules of interpretation. At their core, these issues go to the legal and policy options for dealing with the fragmentation of international trade law, as well as international law more generally. For instance, various options are available to deal with the potential for conflicting norms to apply to the same fact scenario, the potential for two different tribunals to be seized of the same dispute, and the potential for different tribunals to apply divergent interpretations of the same rule or legal concept. This chapter surveys the rich body of precedents of TPP parties in grappling with these issues under their past preferential trade agreements, and analyses the costs and benefits of each. It also draws on a number of recent and innovative approaches by non-TPP parties in addressing these issues, finding that TPP parties could do well to integrate some of these external approaches into the TPP.
Keywords: Trans-Pacific Partnership, TPP, State-State dispute settlement, international law, conflict of norms, conflict of jurisdiction, interpretation, fragmentation, precedent
JEL Classification: K33
Suggested Citation: Suggested Citation