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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
- By C. L. Lim
Edited by Mahdev Mohan, Singapore Management University, Chester Brown, University of Sydney
Book:

The Asian Turn in Foreign Investment

Published online:

13 August 2021

Print publication:

26 August 2021, pp 242-258
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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.