The tobacco carveout for TPP ISDS leads me to another question that has been bothering me: What happens to NAFTA Chapter 11 after TPP? (Same question applies to other U.S. FTAs that have investment chapters with ISDS.) Does TPP ISDS supersede NAFTA Chapter 11 entirely, so that any future investment disputes involving Canadian, Mexican, and U.S. investors and those governments would be handled under TPP? Or would NAFTA Chapter 11 still apply?
And if NAFTA Chapter 11 still applies, is the tobacco carveout available?
The simplest solution would be that TPP ISDS now controls, but I haven't heard anything, and perhaps this will require a complicated legal resolution.
