Comments

This paper is to be published in Transnational Dispute Management, 2012, forthcoming. This paper may also be referenced as [2012] UNSWLRS 46.

Abstract

This paper examines the draft Investment Chapter of the TPPA, leaked to the public, in light of recent concerns regarding the viability of investor state arbitration. The intent is to comment on the possible motivations of the negotiating parties in formulating the TPP provisions thus far and, more importantly, to recommend how the parties could proceed as they work to finalize dispute settlement provisions in the TPPA.

Disciplines

Comparative and Foreign Law | Foreign Law | International Law | International Trade | Law | Transnational Law

Date of this Version

9-27-2012