In the wake of the mega-FTAs, such as RCEP and TPP and its successor, the CPTPP, all of the ten ASEAN member countries are determined to participate in the RCEP and to maintain the ASEAN centrality whereas Brunei, Malaysia, Singapore and Vietnam have also opted for the CPTPP. In view of...

The Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (T-TIP) are both slated to contain investor protections similar to those contained in the North Atlantic Free Trade Agreement (NAFTA). These measures, as included in NAFTA, allowed businesses to seek...

During the past several years, the United States has concluded a substantial number of bilateral and regional free trade agreements (hereinafter “FTAs”), largely with developing countries. Each of those FTAs includes substantial commitments in the field of intellectual property rights (IPRs)...

In this paper, we review the sustainable development content of regional trade agreements (RTAs) globally using a new ESCAP RTA Text Analysis tool, followed by a comparative analysis of sustainable development related provisions in the Regional Comprehensive Economic Partnership (RCEP) and two...

Free Trade Agreements (FTAs) between the European Union (EU) and trade partners go far beyond mere elimination of tariffs to include such diverse issues as non-tariff barriers, competition legislation, investment protection, and more. Implementing such provisions requires deep institutional and...

Only days after his inauguration as U.S. President, Donald J. Trump withdrew the United States from the Trans-Pacific Partnership (TPP), a “mega” regional free trade agreement that would have established the world's largest free trade zone. Although President Trump announced that the...

This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of...

Free Trade Agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host State before an...

At this writing, most-favored-nation (MFN) principles notwithstanding, every nation save Mongolia has entered into at least one bilateral or regional free trade agreement. The European Union, for example, is so heavily engaged in bilateral deals that it has MFN trade relations with only seven...