Trans-Pacific Partnership

On 23 January 2017, US President Donald Trump signed a presidential memorandum to withdraw the United States' signature from the agreement, making its ratification as it was in February 2016 virtually impossible.

She said: "Our view is that it will be possible to balance our desire to make sure that we provide housing that's affordable, by easing demand and banning foreign speculators from buying existing homes, while meeting our trade goals.

"[68] Aligning himself with his political opposition Hillary Clinton's rejection of the TPP in an interview on PBS in October of 2015, during a speech on the 2016 presidential campaign, Republican Party nominee Donald Trump vowed to withdraw the United States from the Trans-Pacific Partnership if elected.

[69][70] On 21 November 2016, in a video message, Trump introduced an economic strategy of "putting America first", stating that he would negotiate "fair, bilateral trade deals that bring jobs and industry back onto American shores."

Senator Bernie Sanders applauded the move, saying "For the last 30 years, we have had a series of trade deals… which have cost us millions of decent-paying jobs and caused a ‘race to the bottom’ which has lowered wages for American workers.

The TPP includes new regulation for online commerce, treatment of foreign investors, far more comprehensive protection for intellectual property, labor codes, and an agreement for neutrality regarding state-owned enterprises.

[91] A 2017 study found that the TPP scored high relative to other trade agreements in terms of a government's ability to freely legislate and implement regulations in given public policy domains.

[117] Both the copyright term expansion and the non-complaint provision (i.e., competent authorities may initiate legal action without the need for a formal complaint) previously failed to pass in Japan because they were so controversial.

Ken Akamatsu, creator of Japanese manga series Love Hina and Mahou Sensei Negima!, expressed concern the agreement could decimate the derivative dōjinshi (self-published) works prevalent in Japan.

[115] The Office of the United States Trade Representative notes that the TPP "aligns with the Doha Declaration on TRIPS and Public Health", which allows developing countries to circumvent patent rights for better access to essential medicines.

[115][121][122][123] In July 2015, an editorial in the New England Journal of Medicine cited concerns by Médecins sans Frontières and Oxfam that a spike in drug prices caused by patent extensions could threaten millions of lives.

[124] Doctors Without Borders said in November 2015 that it was "extremely concerned about the inclusion of dangerous provisions that would dismantle public health safeguards enshrined in international law and restrict access to price-lowering generic medicines for millions of people.

By protecting intellectual property in the form of the TPP mandating patent extensions, access by patients to affordable medicine in the developing world could be hindered, particularly in Vietnam.

[131] In February 2015, former U.S. Labor Secretary Robert Reich stated he opposed the TPP because it would delay cheaper generic versions of drugs and because of its provisions for international tribunals that can require corporations be paid "compensation for any lost profits found to result from a nation's regulations.

[138] As pointed out by the Office of the United States Trade Representative, ISDS requires specific treaty violations, and does not allow corporations to sue solely over "lost profits".

[106] PIIE notes that the ISDS mechanism in the TPP respects environmental, health, and safety regulation; ensures the transparency of dispute proceedings; and eliminates forum shopping.

"[150] The USTR insists that if countries like Malaysia and Vietnam do not enforce provisions relating to forced labor, human trafficking and collective bargaining, they will cease to get the economic benefits of the TPP agreement.

[15][174] Economists Peter A. Petri and Michael G. Plummer of the Peterson Institute for International Economics project that the TPP would increase incomes in the U.S. by $131 billion annually, or 0.5 percent of GDP.

[159] However, two Tufts University economists argue that the research by Petri relies on unrealistic assumptions such as full employment: lost jobs will be immediately replaced in other industrial sectors.

[17] Lawrence argues that the model used by the Tufts researchers "does not have the granularity that allows it to estimate variables such as exports, imports, foreign direct investment, and changes in industrial structure.

"[16] Fredrik Erixon and Matthias Bauer of the European Centre for International Political Economy (ECIPE) write that the Tufts analysis has such serious flaws "that its results should neither be regarded reliable nor realistic.

[190] A 2016 study by University of Maryland political scientists Todd Allee and Andrew Lugg suggested that if the TPP became standard legal text, it would shape future trade cooperation and agreements.

"[21] Dan Ikenson, director of Cato's Herbert A. Stiefel Center for Trade Policy Studies, argued in July 2016 that the "failure of Congress to ratify the Trans-Pacific Partnership this year would do more to subvert U.S. regional and global interests than anything China is capable of doing.

Drafts of the agreement were kept classified during negotiations, and access to the working text was significantly restricted even for government officials, including the United States Congress; and business representatives involved in the talks.

[211] Michael R. Wessel, former commissioner on the U.S. Trade Deficit Review Commission claimed in May 2015 that "cleared advisors" like himself were "prohibited from sharing publicly the criticisms we’ve lodged about specific proposals and approaches".

He claimed that only portions of the text had been provided, "to be read under the watchful eye of a USTR official", that access on secure government-run website did not contain the most-up-to-date information, and that for cleared advisors to get that information, he had "to travel to certain government facilities and sign in to read the materials" and "even then, the administration determines what we can and cannot review and, often, they provide carefully edited summaries rather than the actual underlying text, which is critical to really understanding the consequences of the agreement.

However, the Tribunal expressed concern that a clause allowing foreign investors to bring claims against the New Zealand Government could affect the Crown's willingness or ability to meet its Treaty obligations.

[218] Dean Baker argued that Article 18.78, under which countries should ensure that they protect trade secrets and impose criminal procedures for violators, could be used to enforce non-compete agreements.

[219] Baker points out that California's success can partly be attributed to the fact that the state did not allow for the enforcement of non-compete agreements, making it easy for tech workers to quit their jobs and start to work for another company.

[219] In 2014, linguist and political activist Noam Chomsky warned that the TPP is "designed to carry forward the neoliberal project to maximize profit and domination, and to set the working people in the world in competition with one another so as to lower wages to increase insecurity.

Parties
Signatories
Withdrawn signatory
Presidential Memorandum Regarding Withdrawal of the United States from the Trans-Pacific Partnership Negotiations and Agreement (2017)