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Published online by Cambridge University Press: 11 November 2021
It is easier to understand Chapter 28 of the Trans-Pacific Partnership (TPP), which is unchanged in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), after first considering its origins in Chapter 20 of the North American Free Trade Agreement (NAFTA). Accordingly, Section 1 of this chapter discusses the structure and history of NAFTA, Chapter 20. Section 2 discusses the innovations reflected in the TPP. In general the focus is on the significance of the changes, where despite modification of the language it remains possible for a recalcitrant Party to block the formation of panels, as has been the unfortunate case with NAFTA.
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