Megaregulation Contested

Benedict Kingsbury is Vice Dean and Murry and Ida Becker Professor of Law at New York University School of Law. He also serves as Director of the Institute for International Law and Justice and Faculty Director of the Guarini Institute for Global Legal Studies. His major current projects focus on large scale global ordering such as TPP and the Belt & Road Initiative; physical, digital, and informational infrastructure; and global data/tech law. He is one of the editors (with Andrew Hurrell of Oxford University, and Richard B. Stewart) of the Law and Global Governance series. His research projects on global governance issues have been supported by the National Science Foundation, Carnegie Corporation of New York, the Bill & Melinda Gates Foundation, and the Rockefeller Foundation.David M. Malone is UN Under-Secretary General and Rector of the United Nations University. Malone previously served as President of Canada's International Development Research Centre; Canada's Representative to the UN Economic and Social Council and as Ambassador and Deputy Permanent Representative of Canada to the United Nations; as Director General of the Policy, International Organizations and Global Issues Bureaus within Canada's Department of Foreign Affairs and International Trade; as President of the International Peace Academy (now International Peace Institute); as DFAIT Assistant Deputy Minister for Global Issues; and as Canada's High Commissioner to India, and non-resident Ambassador to Bhutan and Nepal (2006-2008).Paul Mertenskötter is a Fellow at the Institute for International Law and Justice at NYU Law and a PhD candidate at Humboldt University of Berlin. He was a law clerk at the International Court of Justice and holds a JD from NYU Law and a BA from the University of York.Richard B. Stewart (1940-2023) was University Professor and John Edward Sexton Professor of Law at New York University School of Law. Prior to joining the NYU School of Law faculty, he served as a Byrne Professor of Administrative Law at Harvard Law School and a member of the faculty of the Kennedy School of Government at Harvard; Assistant Attorney General in charge of the Environment and Natural Resource Division of the U.S. Department of Justice; and Chairman of the Environmental Defense Fund.Thomas Streinz is Adjunct Professor of Law at NYU Law and a Fellow at the Institute for International Law and Justice. Prior to moving to New York, he studied law at the University of Bayreuth and Ludwig Maximilians University of Munich. He holds the EUI's Diploma in European law and an LLM from NYU Law.Atsushi Sunami is currently Professor and Vice President at the National Graduate Institute for Policy Studies, Japan. He also serves as Special Advisor to Cabinet Office responsible for Science and Technology and Innovation. He is also a member of the Advisory Board for the Promotion of Science and Technology Diplomacy in Ministry of Foreign Affairs of Japan, the Council for Science and Technology in Ministry of Education, Culture, Sports, Science and Technology and the Expert Panel on Basic Policy in Council for Science, Technology and Innovation of Cabinet office.

• List of Contributors Abbreviations 1: Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz, and Atsushi Sunami: Introduction: The Essence, Significance, and Problems of the Trans-Pacific Partnership I . MEGAREGUL ATION, GEOPOLITICS, AND ORDERING PROJECTS 2: Benedict Kingsbury, Paul Mertenskötter, Richard B. Stewart, and Thomas Streinz: The Trans-Pacific Partnership as Megaregulation 3: David M. Malone: The Uncertain Geo-Strategic Outlook for the US in Asia: The Pivot, the Re-Balance, TPP, and Now What? 4: Jing Tao: TPP and China: A Tale of Two Economic Orderings? II. CONTESTING MEGAREGUL ATION: DISTRIBUTION, INEQUALIT Y, AND DEVELOPMENT 5: Annelise Riles: The Politics of Expertise in Transnational Economic Governance: Breaking the Cycle 6: B. S. Chimni: Power and Inequality in Megaregulation: The TPP Model 7: Álvaro Santos: The Lessons of TPP and the Future of Labor Chapters in Trade Agreements 8: Errol Meidinger: TPP and Environmental Regulation 9: Antonia Eliason: Customs Administration and Trade Facilitation in TPP: The Missing Development Agenda III. TRANSNATIONAL BUSINESS: GLOBAL VALUE CHAINS AND THE DIGITAL ECONOMY 10: Bernard Hoekman and Charles F. Sabel: In a World of Value Chains: What Space for Regulatory Coherence and Cooperation in Trade Agreements? 11: Donald Robertson: The Regulation of Firms in Globally Intertwined Markets: The Case of Payment Systems 12: Dan Ciuriak: TPP's Business Asymmetries: Megaregulation and the Conditions of Competition Between MNCs and SMEs 13: Iain Osgood: Sales, Sourcing, or Regulation? Evidence from TPP on What Drives Corporate Support for Trade 14: Thomas Streinz: Digital Megaregulation Uncontested? TPP's Model for the Global Digital Economy IV. MEGAREGUL ATION, THE REGUL ATORY STATE, AND THE MARKET 15: Rochelle Cooper Dreyfuss: Harmonization: Top Down, Bottom Up-and Now Sideways? The Impact of the IP Provisions of Megaregional Agreements on Third Party States 16: Kiyoshi Adachi: Thailand and Public Health: Looking Beyond the Intellectual Property Chapter of TPP 17: Paul Mertenskötter and Richard B. Stewart: Remote Control: TPP's Administrative Law Requirements as Megaregulation 18: Daniel Francis: Choices and Consequences: Internationalizing Competition Policy After TPP 19: Wahyuni Bahar and Joseph Wira Koesnaidi: How Ready Is Indonesia to Open Government Procurement à la TPP? 20: Kenichi Kawasaki, Atsushi Sunami, Yoko Ikeda, and Michael C. Huang: Japan: Leveraging National Regulatory Reform and the Economic Modeling of Trade Agreements 21: Michael Livermore and Jason Schwartz: Regulating Regulation: Impact Assessment and Trade 22: Matthias Helble, Pornpinun Chantapacdepong, and Naoyuki Yoshino: Trade and Exchange Rates: The Joint Declaration of the Macroeconomic Policy Authorities of TPP Countries V. MEGAREGULATORY TREATY INSTITUTIONS 23: Robert Howse: The Institutions of TPP11: Back to the Future? 24: Donald McRae: State-to-State Dispute Settlement in Megaregionals 25: Chin Leng Lim: Finding a Workable Balance Between Investor Protection and the Public Interest in the Trans-Pacific Partnership VI. NATIONAL POLITICS OF MEGAREGUL ATORY AGREEMENTS 26: Christina L. Davis: Japan: Interest Group Politics, Foreign Policy Linkages, and TPP 27: Robert Gulotty: Structuring Participation: Public Comments and the Dynamics of US Trade Negotiations 28: Alejandro Rodiles: After TPP Is Before TPP: Mexican Politics for Economic Globalization and the Lost Chance for Reflection 29: Rodrigo Polanco Lazo: Regional and Preferential Agreements: The 'Pacific' and 'Atlantic' Styles in Latin America 30: Brazil in the Shadow of Megaregional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses: Brazil in the Shadow of Megaregional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses 31: Harsha Vardhana Singh: TPP and India: Inspirations for Sequenced Reforms Index