Book contents
- The Asian Turn in Foreign Investment
- The Asian Turn in Foreign Investment
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- Part I Introduction
- Part II National Approaches within Asia to the Regulation and Protection of Foreign Investment
- Part III The Rebalancing of Regulatory Space and Investor Protection in Asia
- Part IV Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- 11 The ASEAN Legal Framework for Free Trade and the Promotion and Protection of Foreign Investment
- 12 ISDS Reform and the EU–Vietnam Investment Protection Agreement
- 13 Investment Rule-Making in Asia–European Union Relations
- 14 Reports of TPP’s Death Have Been Greatly Exaggerated
- Part V Emerging Issues
- Part VI What Lies Ahead?
- Index
14 - Reports of TPP’s Death Have Been Greatly Exaggerated
from Part IV - Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Published online by Cambridge University Press: 13 August 2021
- The Asian Turn in Foreign Investment
- The Asian Turn in Foreign Investment
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Treaties
- Abbreviations
- Part I Introduction
- Part II National Approaches within Asia to the Regulation and Protection of Foreign Investment
- Part III The Rebalancing of Regulatory Space and Investor Protection in Asia
- Part IV Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
- 11 The ASEAN Legal Framework for Free Trade and the Promotion and Protection of Foreign Investment
- 12 ISDS Reform and the EU–Vietnam Investment Protection Agreement
- 13 Investment Rule-Making in Asia–European Union Relations
- 14 Reports of TPP’s Death Have Been Greatly Exaggerated
- Part V Emerging Issues
- Part VI What Lies Ahead?
- Index
Summary
TPP’s importance lingers notwithstanding cries that it is ‘dead’ following the Trump Administration’s withdrawal. In practice, treaty convergence – even sheer mimicry - occurs. One might think of that as being akin to procuring a live organ transplant.The analogy is inexact.Even long dead treaties and treaty clauses can be organ donors.The TPP investment text ushered in some fascinating new clauses.They delegate to tribunals not only the task of resolving disputes, but also that of imagining, fashioning, and applying appropriate standards of social protection. In an earlier paper, I called TPP an exercise in ‘prescriptive neutrality’. This chapter returns to that argument.
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- Information
- The Asian Turn in Foreign Investment , pp. 242 - 258Publisher: Cambridge University PressPrint publication year: 2021