Competitive mega-regionalism : the trilateral geo-economic power play by the United States of America, China and the European Union

Abstract

CHAPTER IAdministration underscoring the impossibility of a US return to the TPP, the remaining 11 signatories moved on to sign a renamed and surgically trimmed-down Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) without the US in March 2018 in the Chilean capital of Santiago. A total of 22 (relatively minor) provisions from the original TPP agreement (New Zealand Ministry of Foreign Affairs and Trade 2018b) will not have effect on the CPTPP parties (but they could be reinstated at a later date) 9 . The CPTPP can be provisionally applied 9 The following changes are made to the CPTPP. 1) Article 3 of Annex 26A is suspended. The provision that would have required national pharmaceutical management agencies to make administrative changes to primarily benefit the pharmaceutical industry has been suspended.2) In the Investment chapter, six articles and Annex 9-L are suspended, curbing businesses' ability to sue government for investment contract breaches. 3) Article 11.2.2(b), the phrase 'Article 9.6 (Minimum Standard of Treatment)' and Annex 11-E are suspended. 4) Article 18.63 is suspended, meaning countries will no longer be required to extend the term of protection for copyright from 50 years to 70 years. 5) and 6) Articles 18.50 and 18.51 are suspended. There are no data or market protection obligations for new medicines, including biologics. 7) Article 18.37 paragraph 2 and the last sentence of Article 18.37.4 are suspended to afford more flexibility around what is patentable. 8) and 9) Articles 18.46 and 18.48 are suspended. CPTPP countries will not have to change their laws to enable people to apply for an extension of the term of a patent following unreasonable delays. 10) Article 15.8.5 is suspended. The suspension means government are not legally required to promote compliance with international labour rights as part of their procurement processes. 11) Article 15.24.2 phrase 'No later than three years after the date of entry into force of this Agreement' is suspended, meaning further negotiations to expand government procurement coverage will be delayed. 12) and 13) Article 18.68 and Article 18.69 are suspended. Countries will not have to provide more extensive protection to 'technological protection measures' and 'rights management information'. 14) Article 18.82, Annex 18-E and Annex 18-F are suspended. Countries retain the right to adjust rules for liability of internet service providers for on-line copyright infringement. 15) Article 18.79 is suspended, meaning countries will not have to provide more extensive protection for encrypted programme-carrying satellite and cable programme signals. 16) Article 20.17.5 phrase 'or another applicable law' is suspended. The suspended language would have required countries to act to address violations to the wildlife trafficking laws of countries that were not party to the CPTPP. 17) Article 5.7.1(f) second sentence is suspended. CPTPP countries retain the right to regulate and review customs duties for express shipments. 18) Articl...