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Full Access The Admission of Foreign Investment under the TPP and RCEP

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The Admission of Foreign Investment under the TPP and RCEP

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Regulatory Implications for New Zealand

The loss of host state regulatory autonomy features prominently in current debates regarding the legitimacy of international investment law. Recent literature on the subject has tended to concentrate on the scope of post-admission investor protections such as fair and equitable treatment, while the regulatory implications of pre-admission obligations are sometimes overlooked. This article compares the likely obligations concerning the admission of foreign investment under two proposed mega-regional free trade agreements (FTAs), the Trans-Pacific Partnership Agreement (TPP), and the Regional Comprehensive Economic Partnership (RCEP). It then considers the regulatory implications of the predicted obligations for New Zealand in light of the pressure that New Zealand is likely to face in the negotiations to agree to the treaty preferences of its negotiating counterparts. The article concludes that the TPP is likely to adopt a stronger investment liberalization model than the RCEP, and will also therefore present greater regulatory challenges.

Affiliations: 1: University of Auckland, New Zealand, a.kawharu@auckland.ac.nz

The loss of host state regulatory autonomy features prominently in current debates regarding the legitimacy of international investment law. Recent literature on the subject has tended to concentrate on the scope of post-admission investor protections such as fair and equitable treatment, while the regulatory implications of pre-admission obligations are sometimes overlooked. This article compares the likely obligations concerning the admission of foreign investment under two proposed mega-regional free trade agreements (FTAs), the Trans-Pacific Partnership Agreement (TPP), and the Regional Comprehensive Economic Partnership (RCEP). It then considers the regulatory implications of the predicted obligations for New Zealand in light of the pressure that New Zealand is likely to face in the negotiations to agree to the treaty preferences of its negotiating counterparts. The article concludes that the TPP is likely to adopt a stronger investment liberalization model than the RCEP, and will also therefore present greater regulatory challenges.

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/content/journals/10.1163/22119000-01606010
2015-11-13
2017-11-20

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