Thinking About the Trans-Pacific Partnership (and a Mega-Regional Agreement on Life Support)
SMU Science and Technology Law Review, Vol. 21, 2017, Forthcoming
23 Pages Posted: 24 Apr 2017
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' recent withdrawal. It contends that the TPP will exert four sets of influence on trade and intellectual property normsetting even though it has now been placed on life support.
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 valid regardless of whether the TPP is dead or alive. It will also be applicable to future bilateral, regional and plurilateral trade agreements.
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