Professor José E. Alvarez of New York University School of Law

United States’ presidential candidate Hillary Clinton recently backed away from her earlier claim that the TPP sets the ’gold standard’ for free trade agreements. This talk will explore the provisions in the recently released TPP’s investment chapter to evaluate such claims. It will assess, in particular, the TPP’s continued reliance on investor-state arbitration as opposed to a new European proposal, made in connection with ongoing negotiations for the Trans-Atlantic Partnership, to replace such ad hoc arbitration with a new International Investment Court. In this light, does the TPP really constitute progress?

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Professor Alvarez is the Herbert and Rose Rubin Professor of International Law at New York University Law School. He has served as president of the American Society of International Law (2006–2008) and is current co-editor in chief, with Benedict Kingsbury, of the American Journal of International Law. His lectures on the public international law regime governing international investment, at the Hague Academy of International Law, were published as a pocketbook in 2011. His other books are The Evolving International Investment Regime (Oxford University Press, 2011) and International Organizations as Law-Makers (Oxford University Press, 2005).He has published more than 100 articles and book chapters.