Implementation of the Trans-Pacific Partnership

Implementation of the Trans-Pacific Partnership Free Essay

Abstract

The major approach to managing Trans-Pacific Partnership agreement is revealed through the assessment of quality and security of international trade. In this respect, the given paper focuses on the three major advantages and disadvantages of ratification of the partnership agreement in the light of the current delay in the official confirmation of the provisions of the Act. Although the TPP bears a close resemblance to the agreement between the U.S. and the European Union, it still has a positive influence on the development and promotion of new conditions for workers and small business. It can also provide environmental solutions for those who are concerned with the ecological situation. The challenges, however, concern intellectual property rights and ignorance of domestic market. In the end of the paper, a list of recommendations is provided to cover the highlighted gaps and solve problems with patents and domestic economy, as well introduce new negotiation strategies for achieving fruitful results.

Keywords: Trans-Pacific Partnership, intellectual property, benefits of agreement, European Union

 

Implementation of the Trans-Pacific Partnership

            In the light of the globalization process, the establishment of international cooperation across countries and continents will allow economies to focus on such well-known problems as living conditions, employment level, poverty reduction, transparent reporting and corporate social responsibility. Talking about Trans-Pacific Partnership, it is the trade agreement concluded by twelve Pacific Rim countries, excluding China. The major scope of the agreement is to promote job retention and economic prospects, enhance technological advances, competitiveness and productivity, as well as raise living standards all over the world. The agreement was signed in February 2016, but it is still negotiated regarding its enforcement and ratification due to a range of challenges and concerns. In this context, the United States is also involved in agreement, striving to merge it with the North American Free Trade Agreement by insuring greater trade liberation. Notwithstanding all the considerations, the TPP has both drawbacks and benefits. On the one hand, the TPP provides numerous benefits for the U.S. as it helps to eliminate taxes on American export, ensure stronger protection for workers, and assure environmental protection. However, the TPP can also have negative consequences for the U.S. economy such as problems with patent enforcement, limitation on the distribution of generic medicine, violation of national democracies owing to empowerment of foreign corporations and standards, and lack of transparency in negotiation of the conditions and issues of the TPP.

Three Potential Benefits

            As it has been mentioned, the number of major advantages the TPP provides for the United States is not limited to the elimination of taxes on authentic products from American farmers and manufacturers, including automatic products, manufactured goods, and agriculture products (Lewis, 2011). The U.S. government, therefore, perceives the TPP as a good complement to the Transatlantic Trade and Investment Partnership, which is the treaty of a similar type signed between the United States and the European Union. The member states of the agreement have prolonged the negotiations due to the conflicts regarding a range of issues such as intellectual property, agriculture, investments, and services. However, the frictions were relieved on the 5th of October, 2015 when the new version of the agreement was introduced.

            The aspect of agricultural development and elimination of taxation is definitely the strongest part of the Trans-Pacific Partnership. As Lewis (2011) states, the TPP has the potential of expanding Asia-Pacific economic and cultural integration as well as cooperation. Moreover, it is a good opportunity for the country to take the leading role in farming and agriculture. Additionally, Platzer (2013) discusses the role of the TPP in promoting textile trade which, however, became the major point of conflict. Nonetheless, the production process and manufacturing of products to sell abroad is a positive part for the American economy and its international integration.

            When talking about employment protection and opportunities, there is also a considerable number of benefits enjoyed by the U.S. government. To be more exact, the agreement prioritizes American workers by developing the highest labor standards which had not been presented in any other agreement. The TPP agreement requires all countries to comply with the major labor standards represented in the International Labor Organizations. The fully enforceable labor standards include equality and freedom to bargain and form unions in collective terms, impose limitations and ban on child and forced labor, and demand diligent conditions of work such as the guarantee of minimum wages, safe working conditions, number of working hours, and protection against discrimination in the workplace. In this regard, Cooper (2014) supports the idea that trade promotion can also have a positive influence on the international standards of labor force protection, which were negatively evaluated in the United States before the implementation and consideration of the agreement. As a result, the attention should still be paid to the analysis of the reforms made by the Obama Administration in the context of protection of employees’ rights.

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            Finally, the TPP agreement is congruent with the environmental principles, which is especially important in the light of the global problems with climate change and global warming, thereby increasing awareness of people all over the world about the necessity of introducing environmentally friendly principles. Furthermore, the agreement upgrades the NAFTA, establishing environmental protection principles at the core of the treaty and creating new obligations. It also requires all members to abandon such issues as illegal fishing, wildlife trafficking, and illegal logging (Kerr, 2016). In this respect, the liberation and adherence to international standards can make the states become more responsible in terms of environmental protection.

Three Possible Drawbacks

            As it has been stated, there are still negative consequences of the establishment and ratification of the TPP such as problems with patent enforcement due to the domestic decline, difficulties with the distribution of generic medicine, and lack of transparency in negotiating certain issues of the agreement. Apparently, Flynn, Baker, Kaminski, and Koo (2012) discuss the problem of breach of intellectual property right in light of the emphasis placed on the globalized trends in the production process. Hence, it is highly important to reconsider the issue of patent and data protection to reinforce the new legislative regulations before introducing ratifications regarding the law. The U.S. proposal is a reasonable requirement which can enhance the interest of the public rights and private interests. It can also increase the standards of protection of patent owners beyond the availability of democratic procedures.

            There are also concerns regarding the positive contributions of the TPP to the sphere of health care, particularly the distribution of drugs. In this respect, Kapczynski (2015) emphasizes the fact that the agreement could become a real threat to the countries of the third world due to the incredibly high prices on medications. In the context of the HIV pandemic and other dangerous diseases which prevail in the developing region, the problems related to the spread of the TPP principles could become even more serious. As a result, patents could increase the annual costs and provide new promotion issues. For instance, India allows patents on new medication but not on the utilization of new forms of common drugs which fails to enhance the therapeutic effectiveness. The provisions, therefore, paved the way for the development of new versions of drugs, including the cancer-fighting imatinib mesylate in India (Kapczynski, 2015). In general, the TPP could have a potent influence on the health care level in developed countries as well. Furthermore, there are laws preventing drug regulator organizations from introducing the generic versions of medications for a certain period of time.

            Finally, there could be significant problems with transparency, although the essence of the TPP agreement is to increase open cooperation across countries. The point is that the development of such opportunities could not be revealed through lack of understanding and transparency in the very process of negotiation among the member states. In this respect, the emphasis should definitely be placed on the direct and overt recognition of problems. Thereafter, all countries involved in the treaty should consider the issue. To prove the idea, Schram, Ruckert, Laborte, and Miller (2016) have proposed new media coverage of the problem, but newspaper coverage is not always objective and creates misunderstandings. Therefore, all members of the state are unable to reach a consensus owing to lack of communication and interaction.

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Recommendations for the TPP Implementation

            As it can be seen from the above-presented discussions of the TPP pitfalls and gaps, the emphasis should be placed on the development of new programs that would provide more time and space for transparent negotiation. Hereby, it would strike the balance between equal participant and open access to information as well as provides the opportunity for the states to maintain their uniqueness and privacy in questions of medicine distribution and overall assessment of the situation.

            It goes without saying that international trade is a step forward toward establishing favorable and trustful relationship between the countries as well as providing assistance and protection in regard to the international standards of human freedoms and rights perception. In order to revive the Trans-Pacific Partnership agreement, several recommendations should be taken into consideration. First of all, it is essential to deliver a remarkable speech in the United States on the country’s role and significance in the global world, with the emphasis on the importance of the U.S. trade for economic growth. Second, it is crucial to ignore the 2015 Trade Adjustment Assistance Act and develop improved strategies for helping workers which could be affected by international trade agreements. Hence, the U.S. government should expand job training to integrate a new reform that would provide Americans with the possibility of taking advantage of new trade conditions. Congress must ensure the new development programs for the workforce. Moreover, promotion of the U.S. innovation and advancement in industry access to intellectual property and protection could solve the issue of patent management. Hereby, the new administration must launch a new business innovative fund and center delivering new investments and IP protection strategy for small businesses. Finally, the American government should address the problem of the TPP provisions regarding drug patent protection, financial services, information processing, and tobacco exemptions. In such a manner, it will be possible to blur the differences between Congress outlook on patent management and the TPP views on the protection of drugs distribution.

            There are many other recommendations when taking into consideration the challenges presented in the previous passage, but the major focus should be on the management of relationship between countries and respect and tolerance toward the uniqueness of each country’s positions and perceptions regarding the issue of employment protection and health care quality. In this respect, the emphasis should still be placed on the development and readiness to admit changes constantly, leaving space for consideration and negotiation.

Conclusion

            The Trans-Pacific Partnership agreement can provide substantial opportunities for the United States to develop new options in terms of international trade and tax-free export of manufacturing products, while ensuring good perspectives for farmers and small business. It can also contribute to the improvement of workforce protection in accordance with the internationally accepted standards, prohibiting child labor and promoting equal rights, regardless of gender and racial affiliation. Finally, it is also a good opportunity for countries to promote environmentally friendly concepts and enhance community awareness across the globe. Despite the evident advantages, there are serious gaps in the agreement negotiation in terms of patent management, distribution of drugs, health care conditions, and lack of transparency during business deals and negotiations. In order to eliminate these problems, a list of recommendations has been presented. The U.S. government should be encouraged to provide the persuasive speech regarding the rationale of introducing patents and protecting the intellectual property rights. Second, the government should be concerned with the transparency in protecting labor forces. Finally, the program should be introduced to protect rights and freedom of small business who strive to operate freely at the international level. Cultural respect and tolerance toward other social groups will also be the key to the achievement of success and negotiation over the positive results of the agreement.


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