TPP Investment Language Aims To Tighten Standard For MST Breach

The investment chapter of the Trans-Pacific Partnership (TPP) goes beyond the U.S. model bilateral investment treaty (BIT) in attempting to constrain what constitutes a breach of the "minimum standard of treatment" that parties must afford to investors, but some experts say the reforms are likely to have minimal impact on future tribunals. There are three key ways by which the TPP investment text further defines the boundaries of the minimum standard of treatment (MST) obligation, which is encapsulated in Article...