Trans-Pacific Partnership

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  • Successfully concluded negotiations in October 2015
  • Have expressed interest in joining (as of 2013)

    • The Trans-Pacific Partnership ( English Trans-Pacific Partnership , shortly TPP ) is a trade agreement between Australia , Brunei , Chile , Japan , Canada , Malaysia , Mexico , New Zealand , Peru , Singapore , Vietnam and originally the United States . The full English text, which is still to be legally checked and translated into French and Spanish, was published on November 5, 2015 after seven years of negotiations. At the beginning of February 2016, the agreement was signed by representatives from all twelve countries.

    After Donald Trump's victory in the 2016 US presidential election , it became known that the US abandoned its plan to put TPP to the vote between the election and inauguration of the new US president (January 20, 2017). On November 21, 2016, Trump announced that he would be resigning from TPP on the first day of his presidency. On January 23, 2017, Trump, who prefers bilateral agreements, signed a decree to allow the US to leave the TPP.

    The remaining eleven TPP members agreed on November 8-10 , 2017 in Da Nang , Vietnam , to continue the agreement as the CPTPP ( Comprehensive and Progressive Agreement for Trans-Pacific Partnership ). Canadian Prime Minister Justin Trudeau announced the conclusion of the new free trade agreement CPTPP at the World Economic Forum ( WEF ) in Davos in 2018. The eleven partner countries signed the CPTPP on March 8, 2018 in Chile. Among other things, it provides for the abolition of tariffs on agricultural and industrial products.

    history

    Model TPSEP

    TPP is an extension of the Trans Pacific Strategic Economic Partnership ( English Trans-Pacific Strategic Economic Partnership , shortly TPSEP ), a free trade agreement between the countries of Brunei , Chile , New Zealand and Singapore . The first negotiations to establish this trade zone were started in 2002 at the APEC summit in Los Cabos ( Mexico ) by the Chilean President Ricardo Lagos , the Prime Minister of Singapore, Goh Chok Tong and the New Zealand Prime Minister Helen Clark . At that time the agreement was still known as the Pacific Three Closer Economic Partnership ( P3-CEP ). Brunei participated fully in the negotiations from the fifth round of talks in April 2005. The agreement was signed on June 3, 2005 and entered into force on January 1, 2006. After these four original signatories, the Pacific-4 , it is also called P4 Agreement (Engl. P4 Agreement ) referred.

    The original goal of TPSEP was the reduction of 90 percent of all tariffs between the four member states by January 1, 2006. By 2015 there should not be a single customs duty between the four states. The comprehensive treaty contains all the main pillars of a free trade agreement, such as trade in goods, services and intellectual property, cross-national procurement and free competition .

    Despite cultural and geographical differences, there are some similarities between the four member states: All are comparatively small (have less than 16 million inhabitants), are relatively highly developed and are official members of the APEC. By formulating an accession clause, other states were given the opportunity to also join the TPSEP. This was used in the case of Brunei and, according to New Zealand Secretary of State Jim Sutton , several states had expressed interest in the APEC .

    Enlargement negotiations

    In February 2008 the United States declared its interest in holding talks with the TPSEP members about trade liberalization for financial services ; in September 2008 the US trade representative Susan C. Schwab specified an interest in the United States in accession negotiations with the four TPSEP states first round for the spring of 2009 was announced.

    In November 2008, Australia , Vietnam and Peru announced that they would join the TPP, and in October 2010 Malaysia announced that it was also in accession negotiations with the TPP. Interest in membership was also expressed by Japan and the Philippines .

    As a result of Barack Obama's inauguration in January 2009, accession negotiations with the USA were initially postponed. In November 2009, Obama reaffirmed the US interest in the Trans-Pacific Partnership. In December 2009, the new US Trade Representative, Ron Kirk, told Congress that Obama wanted to negotiate with the TPP with the goal of a "broad regional partnership". Canada was granted observer status in the negotiations in 2010 before joining the negotiations with Mexico in 2012 . Japan participated in the negotiations from 2013.

    In November 2017, eleven states decided to continue the agreements as a Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) without the USA .

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    Lowering tariffs

    TPP plans to lower numerous existing tariffs between member states on a range of products, including agricultural products, automobiles and textiles.

    Removal of regulatory barriers to trade

    Intellectual property rights

    With TPP, the participating states undertake to protect copyrights for 70 years. A deadline is set for countries in which protection has only been granted for 50 years. It also stipulates a ban on circumventing technical copy protection measures and the sale of technologies and services designed for this purpose. Filming in cinemas must be prosecuted.

    State-owned companies

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    Investment protection

    Chapter 9 ( Investment ) of the TPP provides for the settlement of disputes between investors and host states before arbitration tribunals ( investor-state dispute settlement ). In order to avoid abuse, TPP should, among other things

    • Create transparency by making pleadings and decisions of the arbitral tribunals public
    • provide a mechanism to quickly dismiss apparently futile complaints
    • prevent the use of letterbox companies to bring legal proceedings
    • provide for a limitation period of three years
    • an opportunity for review of arbitration awards give
    • give the member states the possibility of a binding interpretation of the agreement
    • clearly define the possible causes of action

    The right of the participating States to enact laws in the public interest, in particular on health and environmental protection, is confirmed. The participating states are explicitly granted the right to make regulations on the protection of non-smokers (see Philip Morris against Uruguay ). Short-term capital controls can be introduced to counter balance of payments crises .

    TPP commission

    Article 17 of the Agreement on the Trans-Pacific Strategic Economic Partnership ( TPP agreement ) which was Commission of the Trans Pacific Strategic Economic Partnership ( Trans-Pacific Strategic Economic Partnership Commission ) launched. The commission is a regular discussion forum for the ministers of the TPP member states. It meets at least once a year in alternating cycles in one of the member states.

    The tasks of the commission are:

    • monitoring compliance with the rules of the TPP contract
    • taking measures to increase trade between TPP members

    For this purpose, the Commission can set up working groups to draw up appropriate proposals. In principle, decisions within the framework of the Commission must be taken unanimously.

    ratification

    TPP will only come into force if the agreement has been ratified by all twelve participating states within two years, or after two years if at least six states, which provide at least 85% of the gross domestic product of the participating states, have ratified the agreement.

    The then Canadian Prime Minister Stephen Harper expected in October 2015 that the finalized text of the agreement would be available in early 2016 and that ratification would take place within the next two years.

    End of May 2015 approved the US Senate in view of the nearing of the last round of negotiations TPP negotiations a bill called Trade Promotion Authority (TPA), dt. About trade promotion authority shorter and FastTrack (dt. Fast lane ), the gives American presidents extensive powers to negotiate trade agreements and at the same time obliges Congress to only vote as a whole on agreements concluded in this way.

    Criticism and protests against TPP

    Protest against TPP in Wellington, New Zealand in November 2014

    A celebrity group consisting of Sean Penn , Cher , Susan Sarandon , Russell Simmons , Jennifer Hudson , Gwyneth Paltrow , Charlize Theron , Ellen DeGeneres , William Shatner and others have urged the US not to sign the Trans-Pacific Strategic Economic Partnership until Japan prohibits the capture and slaughter of dolphins in Taiji , featured in the Academy Award- winning film The Bay .

    According to the New Zealand Herald , the secret negotiations were in their 13th round in July 2012. The US is pushing for stricter copyright law in the Asia-Pacific region. Judge David Harvey, who had ruled the Megaupload case , was critical of the United States. Bypassing the DVD country code in New Zealand in order to play DVDs from the USA would then be criminalized. Commenting on this, Harvey said, “ We have met the enemy, and it is the US. "

    The Electronic Frontier Foundation (EFF) criticized the TPP project as being even more dangerous than ACTA for the self-determination of the media and for the democracies .

    On September 13, 2012, the global campaign network Avaaz called for resistance to the “ Death Star ” contract process. The TPP is about "plans that restrict our governments to legislate in the public interest." The TPP agreement threatens democracy, undermines national sovereignty, workers' rights, environmental protection measures and the freedom of the Internet; over 1,000,000 online signatures against the TPP project have now been collected.

    WikiLeaks also published on November 13, 2013 an excerpt from the minutes of secret trade agreements of the TPP, which came from a TPP meeting in Brunei at the end of August 2013. The document provided insights into member states' plans for drugs, internet services, bio-patents and civil rights. WikiLeaks operator Julian Assange commented on this with "If the contract is accepted, the TPP's trademark regime will trample on human and civil rights".

    See also

    • RCEP - Regional Comprehensive Economic Partnership

    Web links

    Texts
    information
    criticism

    Individual evidence

    1. ^ Text of the Trans-Pacific Partnership , New Zealand Foreign Affairs and Trade, November 5, 2015
    2. ^ Hannoversche Allgemeine Zeitung , Hanover, Lower Saxony, Germany: New Zealand - Thousands protest against free trade signing. In: Hannoversche Allgemeine Zeitung. Retrieved on February 4, 2016 (German).
    3. ↑ This is how the Trump camp wants to realign trade
    4. ^ Trump: US to quit TPP trade deal on first day in office. In: bbc.com. November 22, 2016. Retrieved November 22, 2016 .
    5. ↑ spiegel.de: Trump seals the exit from TPP
    6. ↑ sueddeutsche.de / Christoph Giesen: Trump's withdrawal from free trade makes the Chinese cheer
    7. ↑ Who needs America? Retrieved November 21, 2017 .
    8. ↑ Basler Zeitung , January 24, 2018: Police arrest Swiss journalists in Davos.
    9. ^ Eleven nations - but not US - to sign Trans-Pacific trade deal , CNBC , March 8, 2018
    10. ^ First step to wider free trade . New Zealand Herald. Retrieved February 9, 2008.
    11. ^ Trans-Pacific Partners and United States Launch FTA Negotiations . Office of the United States Representative on September 22, 2008, archived from the original on July 21, 2011 ; accessed on September 19, 2014 (English, original website no longer available).
    12. ^ Australia To Join Trans-Pacific Partnership Trade Bloc . Alibaba.com. Retrieved December 17, 2008.
    13. ↑ The challenges of regional bodies . Taipei Times. Retrieved December 17, 2008.
    14. ↑ Interest Builds in Pacific trade zone . Wall Street Journal. October 7, 2010. Retrieved October 14, 2010.
    15. ↑ Policy Speech by Prime Minister Naoto Kan at the 176th Extraordinary Session of the Diet . October 1, 2010. Retrieved November 2, 2010.
    16. ^ Speech of President Aquino at the Council on Foreign Relations, New York City . September 23, 2010. Retrieved November 2, 2010.
    17. ^ A b c d The Trans-Pacific Partnership (TPP): In Brief , Congressional Research Service, January 8, 2016
    18. ↑ Investor-State Dispute Settlement (ISDS) , Office of the US Trade Representative (USTR), March 2015
    19. ↑ Jason Fakete: 'Historic day' says Stephen Harper as Canada signs on to Trans-Pacific trade deal . In: Ottawa Citizen . 5th October 2015.
    20. ↑ deutschlandfunk.de , April 17, 2015, Marcus Pindur: Obama praises non-partisan draft for commercial law (May 24, 2015)
    21. ↑ huffingtonpost.com , May 22, 2015, Richard Cowan, Jason Lange: US Senate Advances Fast-Track Trade Bill (May 24, 2015)
    22. ^ Celebrities Want to Tie Trade Pact to Dolphin Hunt. In: abcnews.go.com. February 5, 2014, archived from the original on February 10, 2014 ; accessed on November 22, 2016 .
    23. ↑ Megaupload: New Zealand judge calls USA "the enemy". In: golem.de. Retrieved November 22, 2016 .
    24. ↑ EFF: TPP goes dangerously far beyond ACTA. In: netzpolitik.org. August 26, 2012, accessed November 22, 2016 .
    25. ↑ 1 million to stop the corporate "death star". In: avaaz.org. September 14, 2012, accessed November 22, 2016 .
    26. ↑ Gulli.com: Wikileaks publishes secret TPP logs November 13, 2013, accessed February 5, 2016.