An Analysis of the Balance Struck by the Expropriation Standard in the Trans-Pacific Partnership Agreement

Abstract

The Trans-Pacific Partnership Agreement represents a significant stage in New Zealand’s interaction with international investment protections. The negotiation is taking place at point in time where there is an unfavourable climate for investment protections, and a growing body or opponents who suggest that New Zealand walk from the agreement. This paper will evaluate these criticisms and concerns against the modern form of investment agreement that we see in the TPPA. By analysing the text and relevant case law a determination can be made as to who the agreement stands to serve. The concepts of balance will the tool by which the paper will assess whether or not the agreement is in New Zealand’s best interests. The conclusion that the agreement does strike a suitable balance reinforces the direction is taking in these negotiations.