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On Creating Negotiation Rounds Similar to Multilateral Regimes for the TPP for Its Further Improvement

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Paradigm Shift in International Economic Law Rule-Making (ODS 2017)

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Abstract

Although the concept of “negotiation rounds” is generally used in the context of the WTO and the previous GATT, it does not mean that FTAs should not be subject to negotiation rounds. This chapter is to argue that plurilateral FTAs need a kind of periodical trade negotiation rounds similar to the multilateral trading system of the WTO. The chapter explains that even in the TPP, its market access commitments still need to be improved. Its rules still need to be revised or even new rules to be added through periodical rounds of negotiations. There are already some provisions in the TPP which can serve as the basis of some kind of negotiation rounds. The chapter will argue that these provisions are not sufficient to accommodate such negotiation rounds. It suggests certain elements to be included to accommodate such need. They include the decentralization of negotiations to allow TPP Parties to engage in bilateral request-offer negotiation and then to plurelateralize the result; and the improvement of the institutional arrangement so that there will be a specific committee responsible for the negotiations and some working groups responsible for specific sectors or specific issues.

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Notes

  1. 1.

    Article 27.1 of the TPP.

  2. 2.

    John H Jackson, The World Trading SystemLaw and Policy of International Economic Relations (Second edition 1997) 73.

  3. 3.

    Article 8, para 1, of the TRIPS Agreement provides in part that ‘Members may, in formulating or amending their laws and regulations, adopt measures necessary to protect public health …, provided that such measures are consistent with the provisions of this Agreement.’

  4. 4.

    The text of the Ministerial Declaration on the TRIPS Agreement and Public Health can be found at www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm.

  5. 5.

    www.wto.org/english/tratop_e/dda_e/work_organi_e.htm.

  6. 6.

    USTR, Outlines of TPP, at https://ustr.gov/tpp/outlines-of-TPP.

  7. 7.

    Caroline Freund and others, ‘Tariff Liberalization’ in Assessing the Trans-Pacific PartnershipVolume 1: Market Access and Sectoral Issues (Peterson Institute for International Economics 2016) 31. The volume is available at www.piie.com/publications/briefings/piieb16-1.pdf.

  8. 8.

    USTR, Outlines of TPP, at https://ustr.gov/tpp/outlines-of-TPP.

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Correspondence to Chang-fa Lo .

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Lo, Cf. (2017). On Creating Negotiation Rounds Similar to Multilateral Regimes for the TPP for Its Further Improvement. In: Chaisse, J., Gao, H., Lo, Cf. (eds) Paradigm Shift in International Economic Law Rule-Making. ODS 2017. Economics, Law, and Institutions in Asia Pacific. Springer, Singapore. https://doi.org/10.1007/978-981-10-6731-0_3

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  • DOI: https://doi.org/10.1007/978-981-10-6731-0_3

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