Anti-corruption Provisions in the TPP: Innovation, Effectiveness and Prospects
The anti-corruption provisions in the “Transparency and Anti-Corruption” Chapter (Chapter 26) of the TPP are quite detailed. Their ultimate purpose is to eliminate bribery and corruption in international trade and investment. The approaches are to require TPP Parties to ratify or accede to the United Nations Convention against Corruption of 2003, to establish as criminal offences for natural and legal persons, to prevent certain irregularities, to enforce Parties’ anti-corruption laws, and to apply the dispute settlement mechanism to the anti-corruption provisions of the TPP, among others. The chapter of this book explains the significance of anti-corruption in trade agreements. It also offers a detailed assessment of TPP’s anti-corruption provisions and formulates a number of options to further improve them. Since some of the obligations are subject to the dispute settlement procedures and since there are international cooperation provisions, the chapter argues that a proper use of the dispute settlement mechanism and the proper enhancement of international cooperation would contribute to the removal of corruption as “trade barriers”.