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The US Shaping of State-Owned Enterprise Disciplines in the Trans-Pacific Partnership

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  • Julien Sylvestre Fleury
  • Jean-Michel Marcoux

Abstract

The involvement of states as commercial actors in the marketplace can potentially distort trade and investment patterns. This article addresses the inclusion of a chapter on state-owned enterprises (SOEs) and designated monopolies in the Trans-Pacific Partnership (TPP) in light of the avowed intent of the USA to elaborate a 21st-century free trade agreement template. More specifically, it argues that the outcome of the negotiations reflects the role of the USA as a norm entrepreneur to shape an innovative set of SOE disciplines. Publicly available statements made during the course of the TPP negotiations illustrate this role of the USA. Moreover, a comparison with the provisions of other free trade agreements signed by the USA suggests that the SOE disciplines found in the TPP extensively build on the previous practice of the USA, as well as the position advanced by this negotiating Party. Provisions pertaining to the definition of entities covered by this chapter, scope and exclusions, commercial considerations, non-discrimination, regulatory discretion, non-commercial assistance, exceptions, transparency, and dispute settlement support this argument.

Suggested Citation

  • Julien Sylvestre Fleury & Jean-Michel Marcoux, 2016. "The US Shaping of State-Owned Enterprise Disciplines in the Trans-Pacific Partnership," Journal of International Economic Law, Oxford University Press, vol. 19(2), pages 445-465.
    • Handle: RePEc:oup:jieclw:v:19:y:2016:i:2:p:445-465.
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    File URL: http://hdl.handle.net/10.1093/jiel/jgw046
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    Cited by:

    1. Jing Li & Daniel Shapiro & Anastasia Ufimtseva, 2024. "Regulating inbound foreign direct investment in a world of hegemonic rivalry: the evolution and diffusion of US policy," Journal of International Business Policy, Palgrave Macmillan, vol. 7(2), pages 147-165, June.
    2. Timo TREMML, 2019. "Linking Two Worlds? Entrepreneurial Orientation In Public Enterprises: A Systematic Review And Research Agenda," Annals of Public and Cooperative Economics, Wiley Blackwell, vol. 90(1), pages 25-51, March.

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