The Press

TPP deal lives on with new name

- VERNON SMALL IN VIETNAM

After a fraught 24 hours of talks, when a Canadian boycott of a crucial meeting threatened to scupper the Trans-Pacific Partnershi­p (TPP), it appears to be back on track and could be in place in a matter of months - though sporting a new name.

The so-called TPP-11 – renamed after the United States pulled out of the original 12-nation pact – is now the Comprehens­ive and Progressiv­e Agreement for the Trans-Pacific Partnershi­p (CPTPP). Canada is also back inside the tent. Prime Minister Jacinda Ardern made it clear on Saturday that concession­s won, particular­ly on controvers­ial investor-state disputes settlement clauses, had cleared the way for New Zealand to sign.

‘‘This is not a perfect agreement but it is a damned sight better than what we had when we started,’ she told reporters after the leaders’ retreat at the Apec summit in Da Nang, Vietnam.

‘‘It is not perfect, no free trade agreement is. But it’s a lot better than where we were three weeks ago.’’

Trade ministers, including New Zealand’s David Parker, issued a statement acknowledg­ing agreement on the core elements of the CPTPP.

They also released a list of ‘‘suspended issues’’, which were essentiall­y those that had been important to the United States.

They can now only be written back into the deal by negotiatio­n – and only by consensus of all the parties – if America seeks to rejoin, perhaps in the era post US President Donald Trump.

That, in theory, means New Zealand can prevent the suspended changes to the ISDS regime from re-entering the agreement.

‘‘If America comes in, it’s not an automatic lifting of those suspended provision ... we worked hard to have lifted,’’ Ardern said.

The agreement would now be taken back to a select committee for the public and Parliament to assess. Ardern said New Zealand negotiator­s had worked hard on the ISDS clauses, which allow corporatio­ns to take legal action against host countries in special tribunals.

They have been narrowed in three areas:

❚ First, they no longer apply to investor screening, so decisions made under the Overseas Investment Act regime, administer­ed by the Overseas Investment office, could not be challenged. Ardern said that was perhaps the most important change.

❚ Second, anyone who takes up a contract with the government would no longer be able to sue through ISDS provisions but must instead use domestic procedures.

❚ The third change related to financial services.

Also, a side-letter with Australia has ruled out the use of ISDS provisions between the two countries, meaning ISDS does not apply to 80 per cent of foreign direct investment from TPP nations.

A ‘‘handful’’ of other countries have agreed in principle to ISDS side-letters. but Ardern said she could not disclose them now.

Ardern said the ISDS provisions in the CPTPP were now similar to previous trade deals New Zealand has signed, such as with China and Malaysia.

New Zealand had wanted to go further but she regarded the progress over just a few weeks since she came to office as ‘‘a good outcome’’.

But New Zealand had now put a line in the sand. ‘‘We will not sign up to future agreements that include those clauses.’’

She said ISDS measures were in their dying days, and there would be a review in three years, also agreed as part of the CPTPP.

New Zealanders always had mixed feelings about the Trans-Pacific Partnershi­p (TPP) trade deal. So much so, that 72,000 of them signed a petition against it and people in towns and cities up and down the country took to the streets in protest.

Among other things, they did not like clauses that seemed to surrender New Zealand sovereignt­y to big internatio­nal corporatio­ns, and patent extensions that would have pushed up the cost of Pharmac-funded medicines.

On the other hand, New Zealand is dependent on internatio­nal trade – which in this era means free trade – for its economic survival. Also, the TPP was a way of gaining freer access to the United States market, which we, as a small and frankly quite insignific­ant nation, could not have hoped to negotiate by ourselves.

Now the TPP has morphed into the CPTPP – the Comprehens­ive and Progressiv­e Agreement for the TransPacif­ic Partnershi­p. It is a shadow of its former self after barely surviving an almost farcical series of setbacks at the Apec Summit in Vietnam. Its future is still uncertain.

Despite this, Prime Minister Jacinda Ardern says it is a ‘‘damned sight better’’ deal than it was three weeks ago.

The TPP was born during the administra­tion of US President Barack Obama, who saw a trade agreement between 12 Pacific Rim nations as a handy way of countering the growing global influence of China.

One of the first things that Donald Trump, a free-trade sceptic, did as incoming president was to pull the United States out of the deal under his ‘‘America First’’ policy. China, of course, is still ascendant.

To the surprise of many, the remaining 11 nations decided to keep working towards the deal – it turns out that the next largest trader in the bloc, Japan, believed in it as a way to counter China. The TPP11, as it had become, was due to be signed in Da Nang.

A week ago, the TPP11 talks were being seen – perhaps naively – as a test of Prime Minister Jacinda Ardern’s effectiven­ess on the internatio­nal stage. If she and the New Zealand team could argue the case at Apec and win concession­s, that would have been considered a victory.

It turns out, however, that plenty of other countries were wanting to take something back from the earlier agreement now the over-arching demands of the United States were no longer in the deal. The Americans held the trump cards, until Trump threw them in.

New Zealand was not alone in disliking the investorst­ate disputes clauses that gave internatio­nal corporatio­ns the right to sue little nation states like ours in special tribunals.

Vietnam wanted longer to meet labour standards, Brunei and Malaysia wanted fewer restrictio­ns on their oil and gas industries and Canada wanted an exemption for its ‘‘cultural interests’’.

The TPP was unusual for Canada in that it did not extend the protection­s given in its other trade agreements to (for example) subsidise French-language programmes that might end up on Netflix.

Ardern will have learned a useful lesson in internatio­nal trade relations from her trip to Vietnam. It is that she might head to world summits with specific objectives, only to find herself in the middle of a bunfight.

 ?? PHOTO: REUTERS ?? Prime Minister Jacinda Ardern shakes hands with Vietnamese President Tran Dai Quang at an Apec leaders’ meeting in Da Nang, Vietnam.
PHOTO: REUTERS Prime Minister Jacinda Ardern shakes hands with Vietnamese President Tran Dai Quang at an Apec leaders’ meeting in Da Nang, Vietnam.

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