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Vol 24 No 4 April/May 2019

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Megaregulation Contested: Global Economic Ordering after TPP

Edited by: Benedict Kingsbury, David M. Malone, Paul Mertenskoetter, et al

ISBN13: 9780198825296
To be Published: June 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP).

This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.

International Trade
1: Introduction: The Essence, Significance, and Problems of the Trans-Pacific Partnership, Benedict Kingsbury, David Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz, and Atsushi Sunami
2: The Trans-Pacific Partnership as Megaregulation, Benedict Kingsbury, Paul Mertenskötter, Richard B. Stewart, and Thomas Streinz
3: The Uncertain Geostrategic Outlook for the US in Asia: The Pivot, the Rebalance, TPP, and Now What?, David Malone
4: China and TPP: A Tale of Two Economic Orderings?, Jing Tao

Part I Contesting Megaregulation: Distribution, Inequality, and Development
5: The Politics of Expertise in Transnational Economic Governance: Breaking the Cycle, Annelise Riles
6: Class, Power, and Inequality in Megaregulation: The TPP Model, B.S. Chimni
7: The Lessons of TPP and the Future of Labor Chapters in Trade Agreements, Alvaro Santos
8: TPP and Environmental Regulation, Errol Meidigner
9: Customs Administration and Trade Facilitation: The Missing Development Agenda, Antonia Eliason

Part II Transnational Business: Global Value Chains and the Digital Economy
10: In a World of Value Chains: What Space for Regulatory Coherence and Cooperation in Trade Agreements?, Bernard Hoekman and Charles Sabel
11: Globally Intertwined Markets: Business Structures and International Economic Regulation, Donald Robertson
12: TPP's Business Asymmetries: Megaregulation and the Conditions of Competition between MNCs and SMEs, Dan Ciuriak
13: Sales, Sourcing, or Regulation? Evidence from TPP on What Drives US Corporate Support for Trade, Iain Osgood
14: 1. Digital Megaregulation Uncontested? TPP's Model for the Global Data Economy, Thomas Streinz

Part III Megaregulation, the Regulatory State, and the Market
15: Harmonization: Top Down, Bottom Up-and Now Sideways? The Impact of the IP Provisions of Megaregional Agreements on Third Party States, Rochelle Dreyfuss
16: Thailand and Public Health: Looking Beyond the Intellectual Property Chapter in TPP, Kiyoshi Adachi
17: Megaregulatory Administrative Law: An Instrument of Political Control, Richard B. Stewart and Paul Mertenskötter
18: Choices and Consequences: Internationalizing Competition Policy After TPP, Daniel Francis
19: Challenges of Opening by Megaregulation: Indonesia and Government Procurement Disciplines, Joseph Wira Koesnaidi and Wahyuni Bahar
20: Leveraging National Regulatory Reform in Japan and the Economic Modeling of Trade Agreements, Atsushi Sunami, Kenichi Kawasaki, Yoko Ikeda, and Michael C. Huang
21: Regulating Regulation: Impact Assessments and Trade, Michael Livermore and Jason Schwartz
22: Trade and Exchange Rates: The Joint Declaration of the Macroeconomic Policy Authorities of TPP Countries, Naoyuki Yoshino, Pornipum Chantapacdepong, and Matthias Helble

Part IV Megaregulatory Treaty Institutions
23: The Institutional Governance of Global Trade and Regulation: Back to the Future?, Robert Howse
24: State-to-State Dispute Settlement in Megaregionals, Donald McRae
25: Finding a Workable Balance between Investor Protection and the Public Interest in TPP, Chin Leng Lim

Part V National Politics of Megaregulatory Agreements
26: Japan: Interest Group Politics, Foreign Policy Linkages, and TPP, Christina Davis
27: Structuring Participation: Public Comments and the Dynamics of US Trade Negotiations, Robert Gulotty
28: Mexican Politics of Global Trade and Law in Times of Trump: After TPP is Before TPP, Alejandro Rodiles
29: Regional and Preferential Agreements: The Pacific and Atlantic Styles in Latin America, Rodrigo Polanco Lazo
30: Brazil in the Shadow of TPP: Beyond the Grand Debate, Pragmatic Responses, David M. Trubek, Fabio Morosini, and Michelle Sanchez Badin
31: India and TPP: The Emerging Scenario, Harsha Vardhana Singh

Series: Law And Global Governance

Corporate Regulation in International Law: A History of Failure? ISBN 9780198822097
To be published November 2019
Oxford University Press
Private International Law and Global Governance (eBook) ISBN 9780191043383
Published December 2014
Oxford University Press
£80.00 + £16.00 VAT
Private International Law and Global Governance ISBN 9780198727620
Published December 2014
Oxford University Press
£82.50 + £16.50 VAT
The Rise of the Regulatory State of the South: The Infrastructure of Development ISBN 9780199677160
Published July 2013
Oxford University Press
The Design of Competition Law Institutions: Global Norms, Local Choices (eBook) ISBN 9780191648977
Published December 2012
Oxford University Press
£82.50 + £16.50 VAT
The Design of Competition Law Institutions: Global Norms, Local Choices ISBN 9780199670048
Published December 2012
Oxford University Press
£30.41 + £6.08 VAT