USTR has pointed to the Trans Pacific Partnership (TPP) development chapter, the first such chapter in any U.S. trade agreement, as evidence that the TPP is an advancement over previous ones. Last night’s release of the official TPP text provides the first opportunity to read the development chapter text (which I believe had not been previously leaked).
The chapter includes a lot of general language about promoting development. For instance, Article 23.2 – “Parties acknowledge the importance of each Party’s leadership in implementing development policies, including policies that are designed for its nationals to maximise the use of the opportunities created by this Agreement.” The heart of the chapter seems to be the Article 23.6, which establishes a Committee on Development that will meet to discuss TPP countries’ experiences with development within the framework of the agreement. Still, there are no concrete obligations for action.
Article 23.5, titled “Education, Science and Technology, Research and Innovation” is written in a way that could conceivably be used to justify intellectual property flexibilities allowing consumers and businesses greater access to copyrighted goods such as textbooks, journal articles, data, and software: “The Parties recognise that the promotion and development of education, science and technology, research and innovation can play an important role in accelerating growth, enhancing competitiveness, creating jobs, and expanding trade and investment among the Parties.”
However, the last two Articles make it clear that the TPP Development chapter carries less weight than other parts of the Agreement.
- Article 23.8 states that “In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.” [emphasis added].
- Article 23.9 states that “No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.”
