There are many lessons from the North American Free Trade Agreement (NAFTA) that are relevant to the current debate over the Trans-Pacific Partnership (TPP).
Finalmente concluyeron las negociaciones sobre el Acuerdo de Asociación Transpacífico (TPP). Si bien el texto oficial aún no se ha hecho público, a partir de informes de prensa y textos filtrados pueden hacerse algunos comentarios preliminares. En primer lugar, el comercio es solo una parte del TPP.
Up until now, Australia has never agreed to provide American investors with access to Investor-State Dispute Settlement (ISDS), whereas Canada has. In total Canada has faced 35 challenges. Australia has been subjected to only one case.
Trans-Pacific Partnership (TPP) countries have agreed on language that will allow members to exclude tobacco control measures from the scope of investor-state dispute settlement.
The new exception validates, rather than assuages, the concerns of those who have been criticizing ISDS systems for many years. Without express carve outs, ISDS provisions do threaten common health and safety regulations.
Governments will be allowed to block tobacco companies from suing over anti-smoking measures under a US proposal being considered by Pacific trading partners as part of Trans-Pacific Partnership trade deal.
Despite the deep irony of free trade agreements being subverted to codify and extend anti-competitive monopoly rights the joining of enhanced intellectual property rights (IPRs) and strengthened investor rights is creating a wild-west opportunity for unbounded corporate power.