ReSolution Issue 16, February 2018 | Page 5


the Labour-led Government set down for a revised TPP which included increased market access for exports, upholding the Treaty of Waitangi, protecting the Pharmac model, and preserving the right to regulate in the public interest. It also narrowed the scope to make Investor State Dispute Settlement claims.
Mr Parker says “The CPTPP will provide New Zealand exporters with preferential access for the first time into Japan, the world’s third-largest economy and our fifth-largest export market. It will also be New Zealand’s first FTA relationship with Canada (our 13th largest export market), Mexico (21st), and Peru (46th),”.
The Minister has this week welcomed the release of the text of the CPTPP saying “Public scrutiny of trade agreements is welcome and important. We’ve been publishing detailed information about the CPTPP since November, and now people can see the full legal text for themselves.” The full text of the CPTPP is available online at https://www.mfat.govt.nz/en/about-us/who-we-are/treaties/cptpp
The trade agreement will create new opportunities for international trade, including preferential access for the first time to Japan, Canada, Mexico and Peru.
The Ministry of Foreign Affairs and Trade has also just released the National Interest Analysis of the CPTPP, which assesses the likely costs and benefits for New Zealand of entering into the Agreement. The Analysis suggests the CPTPP could be worth up to $4 billion a year to the New Zealand economy once fully implemented. The National Interest Analysis is available online at https://www.mfat.govt.nz/cptpp.
The New Zealand government is currently in negotiations with other signatories to the CPTPP over ‘side letters' that effectively remove countries' obligations to specific elements that they object to. New Zealand has already negotiated a side letter with Australia to exempt investors from either country invoking the controversial investor-state dispute settlement (ISDS) provisions.
The ISDS provisions have been of particular concern to New Zealand with the Green Party leader, James Shaw, saying the ongoing existence of ISDS clauses, even if watered down as claimed by David Parker, meant the Greens could not support the agreement.
It is expected that the CPTPP will be signed in Santiago, Chile, on 8 March 2018.
Mexico signs ICSID Convention
On 11 January 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).
The ICSID Convention is a multilateral treaty which entered into force in 1966. It is designed to facilitate investments between countries by providing an independent platform for the conciliation and arbitration of investment disputes. The International Centre for Settlement of Investment Disputes (ICSID) is recognised as one of the world’s leading institutions for the settlement of investment-related disputes.
The next step for Mexico is the ratification of the ICSID Convention which will require the approval of the Mexican Senate. Thirty days after the date of deposit of the instrument of