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13 - Addressing the Right to Regulate in the CPTPP Investment Chapter: Identifying New Treaty Practice

Published online by Cambridge University Press:  11 November 2021

By
Rodrigo Monardes ,
Ana Novik  and
Carlos Portales
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

In recent years, the backlash against the negotiations of a Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the United States, the conclusion of the Canada-EU Comprehensive Economic and Trade Agreement (CETA), including the proposal on a multilateral investment court, the conclusion of the negotiations of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States’ formal withdrawal from the Agreement have given new momentum to the public discussion between treaty protection to foreign investors vis-à-vis the States’ sovereign right to design and implement regulation to achieve economic development.

Keywords

Investmentinvestment arbitrationBITsnational treatmentMFNfair and equitable treatmentexpropriationICSIDChapter 11arbitration
Type
Chapter
Information
The Comprehensive and Progressive Trans-Pacific Partnership
Analysis and Commentary
 , pp. 288 - 313
Publisher: Cambridge University Press
Print publication year: 2021

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References

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