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Trakman, Leon --- "Resolving Investor-State Disputes Under a Transpacific Partnership Agreement" [2012] UNSWLRS 46

Last Updated: 28 September 2012

Resolving Investor-State Disputes Under a Transpacific Partnership Agreement

Leon Trakman, University of New South Wales

This paper is available for download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2153623

Citation

This article can 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.