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13 Joint Interpretations under a Divided TPP Investment Chapter

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Chapter Summary

This chapter makes two recommendations. First, for the issuance of joint interpretations, a Trans-Pacific Partnership (TPP) investment chapter should not require participation by senior political representatives of each Party, which would allow coordination to occur primarily at the staff level. Second, assuming that Australia does not join the dispute settlement section of a TPP investment chapter, the TPP negotiating States should express their shared understanding, whether in the text of the treaty or in some other source, with respect to the proper operation of TPP joint interpretation mechanisms. That shared understanding addresses the following points: whether, and under what circumstances, Australia can participate in joint interpretations of TPP provisions; whether joint interpretations are binding on TPP investment chapter tribunals; and whether investment chapter tribunals have authority to request joint interpretations from the TPP Parties of annex reservations or exceptions.

Keywords: Australia; dispute settlement section; joint interpretations; TPP negotiating States; Trans-Pacific Partnership (TPP) investment chapter

10.1163/9789004279636_015
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