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Published online by Cambridge University Press: 11 November 2021
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
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