Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-76fb5796d-dfsvx Total loading time: 0 Render date: 2024-04-26T16:46:36.558Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×