Protecting Foreign Investments in a CPTPP World
Article from: TDM 5 (2019), in Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
This paper discusses ways to structure investments for treaty protection in light of the new CPTPP regime. It analyses both the protections available under the CPTPP and the requirements for investors seeking to claim protection under the CPTPP (including the definitions of "investment" and "investor" and the denial of benefits provisions). It also identifies investment treaties involving one or more of the CPTPP Parties that provide different (and arguably stronger) protections than the CPTPP for investors to consider when investing in CPTPP Parties.