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The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.
List of Contributors Abbreviations 1: Benedict Kingsbury, David M. Malone, Paul Mertenskoetter, Richard B. Stewart, Thomas Streinz, and Atsushi Sunami: Introduction: The Essence, Significance, and Problems of the Trans-Pacific Partnership I . MEGAREGUL ATION, GEOPOLITICS, AND ORDERING PROJECTS 2: Benedict Kingsbury, Paul Mertenskoetter, Richard B. Stewart, and Thomas Streinz: The Trans-Pacific Partnership as Megaregulation 3: David M. Malone: The Uncertain Geo-Strategic Outlook for the US in Asia: The Pivot, the Re-Balance, TPP, and Now What? 4: Jing Tao: TPP and China: A Tale of Two Economic Orderings? II. CONTESTING MEGAREGUL ATION: DISTRIBUTION, INEQUALIT Y, AND DEVELOPMENT 5: Annelise Riles: The Politics of Expertise in Transnational Economic Governance: Breaking the Cycle 6: B. S. Chimni: Power and Inequality in Megaregulation: The TPP Model 7: Alvaro Santos: The Lessons of TPP and the Future of Labor Chapters in Trade Agreements 8: Errol Meidinger: TPP and Environmental Regulation 9: Antonia Eliason: Customs Administration and Trade Facilitation in TPP: The Missing Development Agenda III. TRANSNATIONAL BUSINESS: GLOBAL VALUE CHAINS AND THE DIGITAL ECONOMY 10: Bernard Hoekman and Charles F. Sabel: In a World of Value Chains: What Space for Regulatory Coherence and Cooperation in Trade Agreements? 11: Donald Robertson: The Regulation of Firms in Globally Intertwined Markets: The Case of Payment Systems 12: Dan Ciuriak: TPP's Business Asymmetries: Megaregulation and the Conditions of Competition Between MNCs and SMEs 13: Iain Osgood: Sales, Sourcing, or Regulation? Evidence from TPP on What Drives Corporate Support for Trade 14: Thomas Streinz: Digital Megaregulation Uncontested? TPP's Model for the Global Digital Economy IV. MEGAREGUL ATION, THE REGUL ATORY STATE, AND THE MARKET 15: Rochelle Cooper Dreyfuss: Harmonization: Top Down, Bottom Up-and Now Sideways? The Impact of the IP Provisions of Megaregional Agreements on Third Party States 16: Kiyoshi Adachi: Thailand and Public Health: Looking Beyond the Intellectual Property Chapter of TPP 17: Paul Mertenskoetter and Richard B. Stewart: Remote Control: TPP's Administrative Law Requirements as Megaregulation 18: Daniel Francis: Choices and Consequences: Internationalizing Competition Policy After TPP 19: Wahyuni Bahar and Joseph Wira Koesnaidi: How Ready Is Indonesia to Open Government Procurement a la TPP? 20: Kenichi Kawasaki, Atsushi Sunami, Yoko Ikeda, and Michael C. Huang: Japan: Leveraging National Regulatory Reform and the Economic Modeling of Trade Agreements 21: Michael Livermore and Jason Schwartz: Regulating Regulation: Impact Assessment and Trade 22: Matthias Helble, Pornpinun Chantapacdepong, and Naoyuki Yoshino: Trade and Exchange Rates: The Joint Declaration of the Macroeconomic Policy Authorities of TPP Countries V. MEGAREGULATORY TREATY INSTITUTIONS 23: Robert Howse: The Institutions of TPP11: Back to the Future? 24: Donald McRae: State-to-State Dispute Settlement in Megaregionals 25: Chin Leng Lim: Finding a Workable Balance Between Investor Protection and the Public Interest in the Trans-Pacific Partnership VI. NATIONAL POLITICS OF MEGAREGUL ATORY AGREEMENTS 26: Christina L. Davis: Japan: Interest Group Politics, Foreign Policy Linkages, and TPP 27: Robert Gulotty: Structuring Participation: Public Comments and the Dynamics of US Trade Negotiations 28: Alejandro Rodiles: After TPP Is Before TPP: Mexican Politics for Economic Globalization and the Lost Chance for Reflection 29: Rodrigo Polanco Lazo: Regional and Preferential Agreements: The 'Pacific' and 'Atlantic' Styles in Latin America 30: Brazil in the Shadow of Megaregional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses: Brazil in the Shadow of Megaregional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses 31: Harsha Vardhana Singh: TPP and India: Inspirations for Sequenced Reforms Index
Author(s) | Edited by Benedict Kingsbury (Murry and Ida Becker Professor of Law and director of the Institute for International Law and Justice, Murry and Ida Becker Professor of Law and director of the Institute for International Law and Justice, NYU Law), David M. Malone (Rector of the United Nations University and Under-Secretary-General of the United Nations, Rector of the United Nations University and Under-Secretary-General of the United Nations, United Nations University, Tokyo), Paul Mertenskoetter (Fellow, Fellow, NYU Law), Richard B. Stewart (John Edward Sexton Professor of Law, John Edward Sexton Professor of Law, NYU Law), Thomas Streinz (Fellow, Fellow, NYU Law), Atsushi Sunami (Vice President and Professor, Vice President and Professor, National Graduate Institute for Policy Studies, Tokyo). |
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Publisher | Oxford University Press |
ISBN | 9780198825296 |
Format | Hardback |
Pages | 752 |
Published in | United Kingdom |
Published | 11 Jun 2019 |
Availability | Available |
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