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ARTICLE · 07 JULY 2017

The Trans-Pacific Partnership: Lessons learned for ISDS

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President Trump signed an executive order withdrawing the United States from the trade deal following his inauguration.

AustraliaInternational Law
Andrew Stephenson
Andrew Stephenson
Lee Carroll
Lee Carroll
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Following the United States' presidential election in 2016, the prospects of the Trans-Pacific Partnership (TPP) entering into force have faded.

The trade deal already faced fierce resistance from a divided US Congress and, although largely symbolic, on 23 January 2017 President Trump signed an executive order withdrawing the United States from the trade deal following his inauguration. The implications of the stalled trade deal are yet to be realised, but there are significant lessons to take away from the investor–state dispute settlement (ISDS) chapter with respect to both the enforcement mechanism and the substantive rights granted to foreign investors under the ISDS provisions.

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