The Trans-Pacific Partnership as a development of the Australia–United States Free Trade Agreement: services liberalisation and investment protection

Tania Voon, Andrew D. Mitchell

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review


This chapter compares the Trans-Pacific Partnership Agreement (TPP) with the Australia -- United States Free Trade Agreement (AUSFTA), reflecting on relevant developments in the Australia -- United States relationship, including with respect to agriculture and biologic medicines. The chapter focuses on the Chapters on services and investment, addressing areas such as electronic commerce, investor--state dispute settlement (ISDS), and the "carve-out" of tobacco control measures from ISDS in the TPP. The comparison of investment in the two treaties is particularly of interest given the exclusion of ISDS in the AUSFTA and its inclusion (except as between Australia and New Zealand) in the TPP. We conclude that the TPP is a more modern agreement than the AUSFTA with several improvements that provide greater regulatory policy space. However, the inclusion of ISDS as between Australia and the United States in the TPP is questionable.
Original languageEnglish
Title of host publicationThe Comprehensive and Progressive Trans-Pacific Partnership
Subtitle of host publicationAnalysis and Commentary
EditorsJorge A. Huerta-Goldman, David A. Gantz
Place of PublicationCambridge UK
PublisherCambridge University Press
Number of pages29
ISBN (Electronic)9781316678770
ISBN (Print)9781107163256, 9781316615126
Publication statusPublished - 2022


  • TPP
  • trade
  • investment
  • services
  • international economic law
  • dispute settlement

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