The Spaghetti Bowl Revisited: Coexistence of Regional Trade Agreements Such as NAFTA with the Trans-Pacific Partnership
![handle is hein.journals/geojintl48 and id is 564 raw text is:
THE SPAGHETTI BOWL REVISITED:
COEXISTENCE OF REGIONAL TRADE
AGREEMENTS SUCH AS NAFTA WITH THE
TRANS-PACIFIC PARTNERSHIP
DAVID A. GANTZ*
ABSTRACT
The rule governing the Trans-Pacific Partnership 's (TPP's) relationship with
earlier trade agreements, to which at least two of the TPP Parties are also party, is
coexistence. Coexistence requires that when a TPP Party believes there is a
conflict between the TPP and another trade agreement, a consultation process
between Parties to the earlier trade agreement commences, with possible resort to
state-to-state dispute settlement under TPP Chapter 28. Coexistence differs from
the approach taken by Canada and the United States when both ratified the
North American Free Trade Agreement (NAFTA), which directed the Canada-
United States Free Trade Agreement be superseded except where otherwise
explicitly specified. Whether the corresponding lack of explicit conflict rules in the
TPP regarding the coexistence protocol (except as to government procurement)
exists because the TPP Parties were unable to agree on language for a clarifying
agreement, for lack of sufficient attention, or simply because the TPP provisions
that would override NAFTA provisions conflict with a NAFTA Party's interests
(such as those related to investment, labor, or the environment), is unclear.
Regardless of the reasons, this lack of clarity could lead to endless litigation or
arbitration among the NAFTA Parties and with their stakeholders when and if
TPP enters into force for all of them.
I. INTRODUCTION .................................... 557
II. SCOPE OF THE PROBLEM ............................. 562
III. THE CHALLENGE OF MULTIPLE INVESTMENT AGREEMENTS ..... 566
IV. OTHER POTENTIAL CONFLICTS ......................... 571
V. FURTHER OBSERVATIONS AND CONCLUSIONS .................. 575
I. INTRODUCTION
The basic intent governing the Trans-Pacific Partnership's (TPP's)1
relationship with earlier trade agreements, to which at least two of the
* Samuel M. Fegtly Professor of Law, Rogers College of Law, University of Arizona. © 2017,
David A. Gantz.
1. Trans-Pacific Partnership Agreement, Feb. 4, 2016, https://ustr.gov/trade-agreements/
free-trade-agreements/trans-pacific-partnership/tpp-full-text (not yet ratified) [hereinafter TPP].](ViewImageLocal?handle=hein.journals/geojintl48&div=23&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
The Spaghetti Bowl Revisited: Coexistence of Regional Trade Agreements Such as NAFTA with the Trans-Pacific Partnership
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most