Dr. Haniff Ahamat Assistant Professor Ahmad

Transcript:Dr. Haniff Ahamat Assistant Professor Ahmad:
Dr. Haniff Ahamat Assistant Professor Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia Email: ahaniff@iium.edu.my Tel: 0139835468 The TPPA: Positive and Negative Impacts on Malaysia History of TPPA Started with 4 countries – Chile, Brunei, NZ & Singapore in 2005. Then more States joined in including the US & Malaysia. A comprehensive new generation FTA concluded on 5 October 2015 (5 years of negotiations) Members are from Asia Pacific region: Negotiating members MALAYSIA Singapore Japan Brunei Vietnam Australia New Zealand Chile Mexico US Canada Peru 800 million people with combined GDP of USD 28 trillion and 40% of global trade. With no FTA(s) yet with Malaysia TPPA and WTO TPPA is a regional trade arrangement. It is a response to the stagnation in developments of the WTO post-Doha. It incorporates some WTO principles: National Treatment Most Favoured Nation It ensures deeper liberalisation commitments to be made: Intellectual property Government procurement It also disciplines State Parties in areas previously untouched: Investment Coverage of TPPA is non-traditional Initial Provisions & General Definitions National Treatment & Market Access for Goods Rules of Origin & Origin Procedures Textiles and Apparel Customs Administrations & Trade Facilitation Trade Remedies Sanitary and Phytosanitary Measures Technical Barriers to Trade Investment Cross-Border Trade in Services Financial Services Temporary Entry for Business Persons Telecommunications Electronic Commerce Government Procurement Competition Policy State-Owned Enterprises & Designated Monopolies Intellectual Property Labor Environment Cooperation & Capacity Building Competitiveness and Business Facilitation Development SMEs Regulatory Coherence Transparency & Anti-Corruption Administrative & Institutional Provisions Dispute Settlement Exceptions and General Provisions Final Provisions Arguments for joining TPPA Increasing access to a bigger market: 800 million population with GDP USD 28 trillion Malaysia would lose if not become party to TPPA now: US GSP status Flexibilities provided on halal, Bumiputera, transitional period As investment destination Arguments for joining TPPA Increasing the competitiveness of Malaysian industries Good and services can enter Malaysia with less restrictions Consumers will benefit from cheaper and good quality products Facing competition from AEC members – Thailand, Indonesia, Vietnam (is also a potential TPPA signatory) Arguments for joining TPPA The new generation FTA – TPPA will embrace higher standards not only on trade but also non-non-trade issues: E.g. anti-corruption, human rights protection TPPA may foster good regulatory practices (GRPs) – transparency, stakeholder participation and accountability However…. Higher international standards will be applied. Greater competition – are we ready? Malaysian economy – value creating or