Introduction

My primary "instant reaction" to the text of the leaked Trans-Pacific Partnership (TPP) Investment Chapter is surprise that the negotiations of the Chapter appear to have been close to closing as of late January. A quick comparison with the 2012 U.S. Model BIT reveals no major departures other than those one would have expected given the context of the negotiations (the negotiation of an Asian/western hemisphere agreement and the heightened concern with regulatory chill) - so we see, for example, the provision for a State's right to regulate to protect its economy, its public ...