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Articles 31 - 50 of 50
Full-Text Articles in Law
Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson
Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In early October, prime ministerial candidate Justin Trudeau promised Canadians “a full and open public debate” on the Trans-Pacific Partnership. With 30 chapters that would bind Canada to sweeping agreements on everything from services to intellectual property to the environment to procurement, there is much to debate.
The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs
The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
During the negotiations of the Trans-Pacific Partnership (TPP) agreement, many stakeholders raised strong concerns about the Investment Chapter of the TPP, and in particular, the investor-state dispute settlement mechanism (ISDS). The US Trade Representative (USTR) and other representatives of the negotiating partners assured the stakeholders that the TPP’s investment chapter would respond to the legitimate concerns about expansive investor protections and ISDS. The actual text, however, when made public, showed the opposite: a further evisceration of the role of domestic policy, institutions, and constituents. In their current form, the TPP’s substantive investment protections and ISDS pose significant potential costs to …
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall
Section By Section Commentary On The Tpp Final Ip Chapter Published 5 November 2015 – Part 3 - Enforcement, Kimberlee G. Weatherall
Kimberlee G Weatherall
This note comments on the TPP IP enforcement provisions (final text). It also compares each provision to multilateral and bilateral treaties. The material here is necessarily preliminary and does not purport to be complete. It is published on the basis that it may assist others’ analysis and commentary. Note: version 0.1 adds fn 1 reference to Bridy on ISP safe harbors.
Not So Fast, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson
Not So Fast, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
President Barack Obama and the Republican leadership in Congress are trying to pass "fast track" legislation in order to push through major economic agreements with eleven countries of the Pacific region (the Trans-Pacific Partnership) and Europe (the Trans-Atlantic Trade and Investment Partnership) without the possibility for Congressional amendments. Both are being sold generally as "trade agreements," yet they involve key areas of business law and regulation far beyond trade. Before Congress approves fast track, these agreements need to be made public and exposed to thorough public scrutiny.
Investor-State Dispute Settlement, Public Interest And U.S. Domestic Law, Lise Johnson, Lisa E. Sachs, Jeffrey D. Sachs
Investor-State Dispute Settlement, Public Interest And U.S. Domestic Law, Lise Johnson, Lisa E. Sachs, Jeffrey D. Sachs
Columbia Center on Sustainable Investment Staff Publications
As negotiations are ongoing in the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP), CCSI staff and Jeffrey Sachs discuss the implications of investor-state dispute settlement (ISDS) for domestic law and policy, focusing on effects within the US. The paper concludes that the risks ISDS poses for domestic law are significant and unjustified, and that there are preferable policy alternatives to pursue as a means of protecting the rights of investors operating overseas.
Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson
Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.
The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?, Eugenio Briales Gomez-Tarragona, Daniela Gomez-Altamirano
The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?, Eugenio Briales Gomez-Tarragona, Daniela Gomez-Altamirano
ILSA Journal of International & Comparative Law
In recent years, it has become evident that the success of the General Agreement on Tariffs and Trade (GATT) era has not been replicated and that that multilateral trade system rooted in the World Trade Organization (WTO) is far from a real achievement in further trade liberalization.
The Regulation Of Investment In The Tpp - Towards A Defining International Agreement For The Asia-Pacific Region, Julien Chaisse
The Regulation Of Investment In The Tpp - Towards A Defining International Agreement For The Asia-Pacific Region, Julien Chaisse
Julien Chaisse
The TPP investment chapter resembles in large measure the more recent US IIAs rather than the 1995 text of NAFTA Chapter 11. In a nutshell, the TPP investment chapter does not offer major innovations in terms of treaty drafting. However, the TPP crystallizes most recent innovations since 2001 in terms of NAFTA interpreting notes and also reflects developments in arbitral case-law. The normative quality and geographic scope of the TPP, however, places the agreement among the most detailed and important investment treaties. In this light, it is possible to return to the question raised in the beginning of this chapter …
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck
Articles in Law Reviews & Other Academic Journals
International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …
Trading Away Human Rights, Kaitlin Y. Cordes, Olivier De Schutter
Trading Away Human Rights, Kaitlin Y. Cordes, Olivier De Schutter
Columbia Center on Sustainable Investment Staff Publications
Trade negotiators in Singapore recently failed to finalize a deal on the long-awaited Trans-Pacific Partnership; they will soon have another chance to complete what would be the world’s largest regional free-trade agreement. But, given serious concerns that the TPP will fail to consider important human-rights implications, that is no cause for celebration.
The Protection Of Geographical Indications In The Inter-American Convention, Christine Farley
The Protection Of Geographical Indications In The Inter-American Convention, Christine Farley
Articles in Law Reviews & Other Academic Journals
The international community is currently deeply divided over the appropriate level of protection for Geographical Indications (“GIs”). This conflict has recently come to a head in the negotiations over the Transatlantic Trade and Investment Partnership Agreement (TTIP). GIs receive extensive protections within the European Union (EU) that go beyond international standards, while the United States is generally opposed to strengthening existing international GI protections.Given its current stance, it is remarkable that the US has since 1929 been bound by a little known international convention that ensures strong protection of GIs. Since that date, the US has been a member of …
Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas
Trademarks Under The North American Free Trade Agreement (Nafta), With References To The Current Mexican Law, Roberto Rosas
Marquette Intellectual Property Law Review
None.
Cusli Expert Roundtable Report: Ceta, Tpp, Ttip, And The Canada-U.S. Trade Relationship
Cusli Expert Roundtable Report: Ceta, Tpp, Ttip, And The Canada-U.S. Trade Relationship
Canada-United States Law Journal
An Expert Panel discusses Canada-U.S. trade issues in the context of emerging international trade deals, multilateral trade agreements such as Comprehensive Economic and Trade Agreement (CETA), the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP).
The Protection Of Geographical Indications In The Inter-American Convention, Christine Haight Farley
The Protection Of Geographical Indications In The Inter-American Convention, Christine Haight Farley
Articles in Law Reviews & Other Academic Journals
The international community is currently deeply divided over the appropriate level of protection for Geographical Indications (“GIs”). This conflict has recently come to a head in the negotiations over the Transatlantic Trade and Investment Partnership Agreement (TTIP). GIs receive extensive protections within the European Union (EU) that go beyond international standards, while the United States is generally opposed to strengthening existing international GI protections.
Given its current stance, it is remarkable that the US has since 1929 been bound by a little known international convention that ensures strong protection of GIs. Since that date, the US has been a member …
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of the Asia-Pacific (FTAAP) can …
The Sopa-Tpp Nexus, Jonathan Band
The Sopa-Tpp Nexus, Jonathan Band
Joint PIJIP/TLS Research Paper Series
The controversy in the United States over the Stop Online Piracy Act (SOPA) has profound implications for the Trans-Pacific Partnership (TPP) agreement. The SOPA debate underscores the importance of striking the proper balance in intellectual property laws to promote creativity and innovation. It demonstrates that over-protection can stifle free expression and the effective operation of the Internet as a medium of communication and commerce not only within a jurisdiction, but also extraterritorially. Additionally, the debate reveals the ability of the Internet community to mobilize quickly to defeat policies that it believes threaten its existence. TPP negotiators should understand the SOPA …
Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski
Positive Proposals For Treatment Of Online Intermediaries, Margot E. Kaminski
Joint PIJIP/TLS Research Paper Series
In the past several years of free trade agreement negotiations, a number of proposals for establishing an international standard of liability for copyright infringement by online intermediaries have emerged. These proposals consistently lack consideration of their implications for Internet users. Building off a public stakeholder presentation given by the author at the ninth round of negotiations of the Trans-Pacific Partnership (TPP) Agreement, held in Lima, Peru, this paper aims to identify both general principles and specific user-protecting provisions that should be considered when discussing proposals for intermediary liability.
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo
Articles in Law Reviews & Other Academic Journals
This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …
Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance
Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance
Scholarly Works
No abstract provided.
Expanding The P-4 Trade Agreement Into A Broader Trans-Pacific Partnership: Implications, Risks And Opportunities, Meredith Kolsky Lewis
Expanding The P-4 Trade Agreement Into A Broader Trans-Pacific Partnership: Implications, Risks And Opportunities, Meredith Kolsky Lewis
Journal Articles
In 2005, New Zealand, Singapore, Chile and Brunei entered into a path-breaking free trade agreement, the Trans-Pacific Strategic Economic Partnership Agreement which is also known as the P-4 Agreement. The agreement contains an open accession provision which explicitly contemplates the expansion of the agreement to include other countries willing to commit to its terms. The expansion of the agreement has important implications for the world trading system. Its broad coverage and open accession provision may suggest that the agreement has the potential to serve as a stepping stone in the path towards further multilateral trade liberalization in the WTO context. …