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  • The Phoenix Rises: Is the CPTPP a New Breed of Trade Partnership or More of the Same?

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    Author(s)
    Wilson, Therese
    Susler, Ozlem
    Griffith University Author(s)
    Wilson, Therese A.
    Year published
    2019
    Metadata
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    Abstract
    This article conducts a critical assessment as to whether the current provisions on investor state dispute settlement (ISDS) under the Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP) reflect current best practice. It explores the CPTPP and its investor state dispute settlement (ISDS) provisions, and considers the underlying reasons for the suspension of particular provisions regarding ISDS. The ISDS provisions under the CPTPP will be compared to those under its predecessor, the Trans Pacific Partnership agreement, in exploring some of the key concerns raised with such provisions generally. As a ...
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    This article conducts a critical assessment as to whether the current provisions on investor state dispute settlement (ISDS) under the Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP) reflect current best practice. It explores the CPTPP and its investor state dispute settlement (ISDS) provisions, and considers the underlying reasons for the suspension of particular provisions regarding ISDS. The ISDS provisions under the CPTPP will be compared to those under its predecessor, the Trans Pacific Partnership agreement, in exploring some of the key concerns raised with such provisions generally. As a corollary, the influence of other sources, such as the UNCITRAL Working Group III and the amendment of the ICSID Rules in reviewing ISDS will be evaluated. There will also be an assessment of the ISDS mechanisms in the CPTPP as compared with those in other investment treaties and trade agreements. Finally, a set of policy recommendations will be made on the basis of best practice in ISDS.
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    Journal Title
    TDM
    Volume
    16
    Issue
    5
    Publisher URI
    https://www.transnational-dispute-management.com/article.asp?key=2671
    Copyright Statement
    Self-archiving of the author-manuscript version is not yet supported by this journal. Please refer to the journal link for access to the definitive, published version or contact the author[s] for more information.
    Subject
    International and comparative law
    Publication URI
    http://hdl.handle.net/10072/388321
    Collection
    • Journal articles

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