Dispute Settlement in the TPP and the WTO: Which Way Will Asian TPP Members Turn?
Assuming that the TPP will eventually enter into force with its current dispute settlement architecture intact, the Agreement will increase the dispute settlement options for its members, with most having a range of multilateral, bilateral, and regional dispute mechanisms at their disposal in any given dispute. However, where a choice of forum exists, a number of considerations arise for a complaining member, including legal and political dimensions. This Chapter examines the dispute resolution provisions contained in the TPP, evaluating the extent to which they represent change and innovation for the TPP’s membership, and then considers the impact of the TPP on the dispute settlement architecture already available in the Asian region. While it is clear that there are a number of features that will enhance the efficacy of the dispute settlement process for, other features may make the TPP’s mechanisms less attractive forum, particularly for the Asian Members of the TPP. Thus, this chapter argues, where a choice of forum exists, complainant members are likely to continue to use the WTO dispute settlement system in at least the near future.