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14 - Protecting Investment under NAFTA, the Trans-Pacific Partnership and the Comprehensive and Progressive TPP

Published online by Cambridge University Press:  11 November 2021

By
David A. Gantz
Edited by
Jorge A. Huerta-Goldman  and
David A. Gantz
Jorge A. Huerta-Goldman
Affiliation:
TILPA, Geneva
David A. Gantz
Affiliation:
University of Arizona
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Summary

The Trans-Pacific Partnership (TPP) Agreement reflects the evolution from United States (and Canadian) investor-state dispute settlement (ISDS) practice in Chapter 11 of the North American Free Trade Agreement (NAFTA) through multiple free trade agreement investment chapters, to TPP Chapter 9. (There is some irony in the fact that although the United States was a leading participant in the TPP investment chapter it withdrew from the TPP in January 2017.2 When the United States-Canada-Mexico Agreement (USMCA) was negotiated to replace NAFTA, the Parties adopted an abridged version of ISDS, with Canada-United States ISDS appearing and United States-Mexico ISDS affording full protection only for oil and gas and a few other selected industries.3) However, most of the original TPP Chapter 9 on investment including ISDS remains in the Comprehensive and Progressive TPP, which entered into force for six Parties on December 30, 2018.4

Type
Chapter
Information
The Comprehensive and Progressive Trans-Pacific Partnership
Analysis and Commentary
 , pp. 314 - 326
Publisher: Cambridge University Press
Print publication year: 2021

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