The Investment Chapter in the Trans-Pacific Partnership Agreement: A Possibility for Change and Convergence?

Polanco, Rodrigo Javier (2013). The Investment Chapter in the Trans-Pacific Partnership Agreement: A Possibility for Change and Convergence? SSRN Electronic Journal. 10.2139/ssrn.2515216

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This paper analyzes the possible regulatory effects that might generate in the international regulation of foreign investment, the agreement of an investment chapter in the Trans-Pacific Partnership Agreement (TPP) currently in negotiations, based on the information available. The article discusses four important issues given the divergence of interests between some of the negotiating States: the scope of protection of foreign investment; rules on the transparency of investment regimes and their disputes; the appearance of State entities as foreign investors; and the settlement of disputes through investor-State arbitration. The author concludes that vis-à-vis the current regulatory fragmentation of international investment agreements signed by the States negotiating the TPP, the creation of an investment chapter in that Agreement is an opportunity to advance in regulatory convergence on foreign investment, both in substantive standards of investment protection and in the improvement of investor-State arbitration as dispute settlement mechanism.

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