Abstract

This article conducts a critical assessment as to whether the current provisions on investor state dispute settlement (ISDS) under the Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP) reflect current best practice. It explores the CPTPP and its investor state dispute settlement (ISDS) provisions, and considers the underlying reasons for the suspension of particular provisions regarding ISDS. The ISDS provisions under the CPTPP will be compared to those under its predecessor, the Trans Pacific Partnership agreement, in exploring some of the key concerns raised ...