Thinking About the Trans-Pacific Partnership (and a Mega-Regional Agreement on Life Support)
SMU Science and Technology Law Review, Vol. 20, pp. 97-133, 2017
38 Pages Posted: 24 Apr 2017 Last revised: 1 Jul 2018
Date Written: April 23, 2017
Commissioned for a conference on the Trans-Pacific Partnership (TPP) at VNU University of Economics & Law in Vietnam, this article provides a retrospective analysis of the partnership. It begins with a historical overview of the TPP. The article then examines the partnership’s status in light of the United States' withdrawal and contends that the TPP will exert considerable influence regardless of whether it is dead or alive.
The second half of this article identifies three interrelated but distinct aspects of the TPP: (1) as a TRIPS-plus intellectual property agreement; (2) as a regional investment agreement; and (3) as a plurilateral trade agreement. The analysis in this portion of the article will be applicable to not only the TPP Agreement, but also the development of future bilateral, regional and plurilateral trade agreements.
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