30 Dec 2016, Justicia Ambiental

El Acuerdo Transpacífico (TPP) y Desarrollo Sostenible: ¿Algo nuevo, algo viejo y algo prestado

“The Trans-Pacific Partnership (TPP) and Sustainable Development: Something new, something old, and something borrowed?” by Rodrigo Polanco and Sebastián Gómez Fiedler

Abstract: On 4 February 2016, after nearly seven years of negotiations, the Trans-Pacific Partnership (TPP) was signed by Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam, all of which have already begun the process of treaty ratification. The TPP has been hailed by signatory countries as a “new”, and “high level” agreement of the 21st Century - but to what degree of innovation has this treaty truly had? What influence has the United States had in the final draft of this accord? The objective of this article is to describe the degree of novelty of the TPP, especially in comparison to previous commercial and investment agreements, focusing particularly on the United States, on issues related to sustainable development – including the protection of the environment, labor rights, and certain aspects related to intellectual property rights. To this end, we have created a comparison between the texts of previous treaties, signed between the signatory states of the TPP, and the TPP chapters on sustainable development and intellectual property rights. REVISTA JUSTICIA AMBIENTAL/ 91The article concludes that some parts of the TPP are not particularly novel for the signatory countries, given that much of it is based on the pre-existing treaties on trade and investment agreements; offering merely a consolidation of commitments which are already present in existing agreements. However, the TPP does offer certain aspects of innovation in sustainable development; although, this has certainly not been any less controversial.When reviewing the structure and content of the TPP, the treaty clearly stems from previous agreements from within the United States. However, although the TPP has been largely “Made in America”, the influence of other signatories, especially that of Australia, Peru, Canada, and Chile, can be seen in the final text.

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