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

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

James Munro

University of Melbourne - Melbourne Law School

Multiple version iconThere are 2 versions of this paper

Date Written: January 23, 2013

Abstract

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

Mitchell, Andrew D. and Munro, James, State-State Dispute Settlement Under the Trans-Pacific Partnership Agreement (January 23, 2013). Tania Voon (ed), Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement, Edward Elgar, 2013. Available at SSRN: https://ssrn.com/abstract=2205596

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

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HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

James Munro

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Melbourne, Victoria 3010
Australia

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