Treaty negotiation, interpretation and impact

A Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Key points The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive and Progressive Agreement for Trans-Pacific Partnership are agreed (CPTPP). While much of the original TPP looks to remain … Continue reading

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Filed under Australia, East Asia, Investment Arbitration, ISDS, Japan, Malaysia, News, Public International Law, Singapore, South East Asia, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact, US, Vietnam

What to watch for as NAFTA (re)negotiators get to work

On August 16, 2017, trade representatives of the United States, Mexico and Canada will convene in Washington, DC for the first of seven scheduled rounds of negotiations in relation to the North American Free Trade Agreement (NAFTA). The negotiations have … Continue reading

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Filed under Americas, Investment Arbitration, ISDS, ISDS Reform, News, Public International Law, Trade law, Treaty negotiation, interpretation and impact, US

Brexit Blog launches with Brexit Q&A

As formal Brexit negotiations have now started, Herbert Smith Freehills is pleased to announce the launch of its new Brexit Notes blog, where you will find articles and updates on the latest Brexit developments.   As well as reporting on … Continue reading

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Filed under EU, EU Law, Europe, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

Advocate General issues opinion that the EU does not have exclusive competence to conclude the EU-Singapore Free Trade Agreement

In an opinion issued on 21 December 2016, EU Advocate General Eleanor Sharpston QC has concluded that the EU-Singapore Free Trade Agreement (EUSFTA) will need to be finalised by the European Union and the Member States acting jointly, i.e. entered … Continue reading

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Filed under Asia, Brexit, Europe, Investment Arbitration, ISDS, Public International Law, South East Asia, Trade law, Treaty negotiation, interpretation and impact

Trade Post-Brexit: What would a hard Brexit mean for international trade?

The UK’s vote to leave the EU brings with it the possibility of so-called 'hard Brexit'. Business needs to understand what Britain leaving the EU without a smooth transition to a new framework might mean for cross-border trade both within … Continue reading

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Filed under Brexit, EU, EU Law, Europe, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

EU trade agreement enters into effect with five southern African countries

On 10 June 2016 the EU signed an Economic Partnership Agreement (EPA) with the Southern Africa Development Community EPA Group comprising Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland (the SADC EPA). On 10 October 2016 that agreement entered into … Continue reading

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Filed under Africa, Economic partnership agreement, EU, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact

Brexit – future UK trade relations with the EU and with third countries

As an EU member state the UK is currently part of the EU internal market, which is one of the most advanced trade areas in the world and has been developed and extended since 1951. Originally referred to as the … Continue reading

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Filed under EU, News, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact, UK

Final Award published in the South China Sea arbitration

On 12 July 2016, the final Award in the arbitration between the Republic of the Philippines and The Peoples' Republic of China was issued by the Tribunal constituted under the United Nations Convention on the Law of the Sea ("UNCLOS"). … Continue reading

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Filed under Award, Boundaries and Delimitation, China, South East Asia, sovereignty, State to state claims, Treaty negotiation, interpretation and impact, UNCLOS

TPP deal reached: investment arbitration survives

After a lengthy final period of negotiation in Atlanta, it has been announced that the TPP, the world’s largest mega-regional trade and investment deal, has been agreed. The investment chapter is not yet available but is briefly summarised on USTR’s … Continue reading

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Filed under Americas, Investment Arbitration, ISDS Reform, Latin America, News, Public International Law, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact

European Commission publishes draft investment chapter for the TTIP, including investment protection provisions and the establishment of an International Investment Court

On 16 September the European Commission published detailed draft proposals for the investment chapter in the proposed Transatlantic Trade and Investment Partnership treaty between the EU and the US (“TTIP”). The full text is available here. The chapter includes detailed … Continue reading

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Filed under Americas, EU, Europe, Investment Arbitration, ISDS Reform, Treaty negotiation, interpretation and impact, TTIP