Advantages of entering CPTPP, Legal and Institutional Issues Sample Clauses

Advantages of entering CPTPP, Legal and Institutional Issues. Under the Dispute Settlement chapter, the New Zealand Government would be able to pursue a matter to formal dispute resolution should one or more of its CPTPP partners fail to act consistently with its obligations under the Agreement. This would help ensure the advantages gained across the Agreement were accessible to New Zealand goods and services exporters. For example, if New Zealand brought a successful claim against another CPTPP Party, and that Party did not bring the relevant measure into compliance with CPTPP, then New Zealand could impose increased tariffs on products from that Party in order to induce them to bring their measure into compliance. This form of robust, transparent dispute settlement procedure is considered to be to New Zealand’s advantage, particularly as a strong rules-based system has historically proved to the advantage of smaller trading nations like New Zealand. Note that New Zealand would have preferred full application of dispute settlement to the SPS chapter, an area of importance for New Zealand exporters of primary products. This did not prove possible, and certain carve outs and phase-in periods would apply for SPS disputes. CPTPP’s Initial Provisions would mean the advantages from CPTPP for New Zealand exporters would be in addition to existing trade agreements. Where New Zealand has another FTA with one of the CPTPP Parties, the provision in the Initial Provisions chapter on relation to other agreements clarifies that exporters are entitled to take advantage of the Agreement which provides the most favourable treatment for goods, services, investment, and persons. Furthermore, CPTPP would not undermine any of New Zealand’s rights under the WTO Agreements. The Final Provisions chapter states that New Zealand would continue to act as “Depositary” for the Agreement. This role carries some symbolic value, placing New Zealand at the centre of a significant pillar of trade architecture in the Asia-Pacific. This would support New Zealand’s long-standing position, particularly relative to our size, as a leader in global trade liberalisation. The Exceptions chapter sets out a number of exceptions which provide a backstop to ensure that CPTPP does not impair a government’s ability to make policy and undertake measures to further that policy. These exceptions should be seen in addition to the specific flexibilities negotiated in different areas of CPTPP. The obligations in CPTPP have been drafted so as not to impair the ability of...
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