Expert Papers

Negotiations for a Trans-Pacific Partnership Agreement (TPPA) were concluded in Atlanta, USA on 5 October 2015, and the text was released on 5 November 2015. There are twelve negotiating countries: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States and Vietnam. The TPPA has 30 chapters and many annexes, with parties also adopting bilateral side-letters. They are expected to sign the agreement on 4 February 2016 in New Zealand, which is the formal depositary for the TPPA. Each party to the negotiations must complete its own constitutional processes and requirements before it can take steps to adopt the agreement. The TPPA will come into force within two years if all original signatories notify that they have completed their domestic processes, or after 2 years and 3 months if at least six of them, including the US and Japan, have done so.

This page will host a series of expert peer-reviewed analyses of different aspects of the text. The research papers have been prepared under tight time constraints and are not comprehensive. A full and independent assessment of the TPPA’s likely impact on key issues, including the environment, health, social wellbeing and human rights is required. This needs to be undertaken prior to signing, or at the least ratification, of the TPPA.

Financial support for the series of research papers has been provided by the New Zealand Law Foundation and the NZ Public Service Association.

Expert Paper #1: Treaty Making, Parliamentary Democracy, Regulatory Sovereignty & The Rule of Law

Prof. Jane Kelsey, University of Auckland (2 December 2015)
TPPA Timeline – Text – New Zealand’s Treaty Making Process – US Congressional Process –  Status – Regulatory Sovereignty – Enforcement

Expert Paper #2: Chapter 9 on Investment

Amokura Kawharu, University of Auckland (2 December 2015)
Coverage – Sovereign Right to Regulate – Specific Policy Issues – Investor-State Dispute Settlement – ISDS

Expert Paper #3: Māori Rights, Te Tiriti O Waitangi and the Trans-Pacific Partnership Agreement

Dr. Carwyn Jones, Assoc Prof. Claire Charters, Andrew Erueti, Prof. Jane Kelsey, University of Auckland (20 January 2016)
Tino rangatiratanga and active protection – Traditional Knowledge – Biodiversity – Environment Chapter – UN Declaration on Rights of Indigenous Peoples – Waitangi Tribunal claim – Treaty of Waitangi exception – Economic gains and costs to Māori – Post-agreement process

Expert Paper #4: The Environment Under TPPA Governance

Simon Terry, Executive Director of The Sustainability Council (21 January 2016)
Governance – Environmental Objectives – UN Environmental Treaties – Endangered Species – Fishing – Enforcement – ISDS – Climate Change – GM Food

Expert Paper #5: The Economics of the TPPA

Barry Coates, Rod Oram, Dr Geoff Bertram and Professor Tim Hazledine, (21 January 2016)
Modelling the Benefits of the TPPA – Key issues for Agriculture and Trade Rules – Implications for Value Chains – Economic Implications of Regulatory Restraints – a Flawed Model for the 21st Century Agreement