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Unpublished Paper
Investment Dispute Resolution under the Transpacific Partnership Agreement: Prelude to a Slippery Slope?
ExpressO (2013)
  • Leon E Trakman, Professor
Abstract
Intense debate is currently brewing over the multistate negotiation of the Transpacific Partnership Agreement [TPPA], led by the United States. The TPPA will be the largest trade and investment agreement after the European Union, with trillions of investment dollars at stake. However, there is little understanding of the complex issues involved in regulating inbound and outbound investment. The negotiating of the TPPA is shrouded in both mystery and dissension among negotiating countries. NGOs, investor and legal interest groups heatedly debate how the TPPA ought to regulate international investment. However this dissension is resolved, it will have enormous economic, political and social ramifications including for the United States. This article evaluates these controversies. It considers tensions in negotiating it, such as between relying on domestic courts or arbitration to resolve investor-state disputes and the consequences arising from that choice. It proposes how the TPPA can benefit the US and the global community in the future.
Keywords
  • national interest,
  • multilateral agreement,
  • investment law; domestic courts; arbitration
Publication Date
February 16, 2013
Citation Information
Leon E Trakman. "Investment Dispute Resolution under the Transpacific Partnership Agreement: Prelude to a Slippery Slope?" ExpressO (2013)
Available at: http://works.bepress.com/leon_trakman/8/