TPP Trade Remedy System: Development or Divergence from the WTO?

Abstract

The model adopted in the TPP sets forth an important precedent in the subsequent FTA negotiation. This study reviews the main features of the TPP trade remedy chapter and analyzes the implications compared to legal developments in trade remedy rules incorporated in other FTAs involving TPP members. Among many interesting features, it is noted that the TPP abandons a controversial selective safeguard system incorporated in its FTAs since the NAFTA. It becomes a more imminent task to enhance harmonization of trade remedy procedures as well as practices. Mega FTA negotiations in the future should accelerate the regulatory coherence in broader aspects of the global trading system.