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The Trans-Pacific Partnership: Lessons Learned for ISDS

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.

The full text of this original chapter, addressing both these issues, is available above.

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This article was originally published in The Investment Treaty Arbitration Review Second Edition, and has been reproduced with permission from Law Business Research Ltd. For further information please visit: http://thelawreviews.co.uk/


Andrew Stephenson

Head of Projects

Lee Carroll

Special Counsel



The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.

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