Disciplines on State-Owned Enterprises under the Trans-Pacific Partnership Agreement: Overview and Assessment

Tsuyoshi Kawase and Masahito Ambashi

No DP-2017-13, Working Papers from Economic Research Institute for ASEAN and East Asia (ERIA)

Abstract: This paper analyses the disciplines of state-owned enterprises (SOEs) stipulated in Chapter 17 of the Trans-Pacific Partnership Agreement (TPP). The introduction of the extensive disciplines on SOEs was led by the concern that SOEs are likely to disturb fair international competition regime by conducting business activities not depending on economic rationality and anticompetitive activities. Major provision of this chapter includes definitions and the scope of application, commercial considerations and non-discriminatory treatment, non-commercial assistance, and transparency. While Chapter 17 can be appreciated as the first comprehensive and detailed discipline on SOEs including that of the WTO-plus, it still has problems and remaining issues concerning the disciplines. Nevertheless, the very fact that the TPP includes specific rules for SOEs is appreciated as a first step towards disciplining them in the future.

Keywords: State-owned enterprise; Trans-Pacific Partnership (TPP); Commercial considerations; Non-discriminatory treatment; Non-commercial assistance; Transparency (search for similar items in EconPapers)
JEL-codes: F13 H25 K33 L32 (search for similar items in EconPapers)
Pages: 31 pages.
Date: 2018-02
New Economics Papers: this item is included in nep-int
References: View complete reference list from CitEc
Citations: View citations in EconPapers (2)

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