The Trans-Pacific Partnership Agreement and States' Right to Regulate under International Investment Law

摘要

The Trans-Pacific Partnership Agreement (TPP),~1 which was signed in November 2015 by Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam, is said to establish new terms for trade and investment deals.~2 The TPP was intended to establish a free trade area in the Asia-Pacific covering nearly 40 percent of global GDP and a third of global trade.~3 The agreement also forms an integral part of broader geopolitical calculations in the region~4. However, the TPP as currently drafted can only come into force if ratified by six or more of the States Parties representing at least 85% of the GDP of the twelve original signatories.~5.