Hiệp định TPP - Chương 23: Phát triển

CHAPTER 23

DEVELOPMENT

Article 23.1:  General Provisions

1.         The Parties affirm their commitment to promote and strengthen an open trade and investment environment that seeks to improve welfare, reduce poverty, raise living standards and create new employment opportunities in support of development.

2.         The Parties acknowledge the importance of development in promoting inclusive economic growth, as well as the instrumental role that trade and investment can play in contributing to economic development and prosperity. Inclusive  economic  growth  includes  a  more  broad-based  distribution  of  the benefits of economic growth through the expansion of business and industry, the creation of jobs, and the alleviation of poverty.

3.         The   Parties   acknowledge   that   economic   growth   and   development contribute to achieving the objectives of this Agreement of promoting regional economic integration.

4.         The  Parties  also  acknowledge  that  effective  domestic  coordination  of trade,   investment   and   development   policies   can   contribute   to   sustainable economic growth.

5.         The  Parties  recognise  the  potential  for  joint  development  activities between the Parties to reinforce efforts to achieve sustainable development goals.

6.         The Parties also recognise that activities carried out under Chapter 21 (Cooperation and Capacity Building) are an important component of joint development activities.

Article 23.2:  Promotion of Development

1.         The Parties acknowledge the importance of each Party’s leadership in implementing development policies, including policies that are designed for its nationals to maximise the use of the opportunities created by this Agreement.

2.         The  Parties  acknowledge  that  this  Agreement  has  been  designed  in  a manner that takes into account the different levels of economic development of the Parties, including through provisions that support and enable the achievement of national development goals.

3.       The Parties further recognise that transparency, good governance and accountability contribute to the effectiveness of development policies.

Article 23.3:  Broad-Based Economic Growth

1.         The  Parties  acknowledge  that  broad-based  economic  growth  reduces poverty, enables sustainable delivery of basic services, and expands opportunities for people to live healthy and productive lives.

2.         The Parties recognise that broad-based economic growth promotes peace, stability, democratic institutions, attractive investment opportunities, and effectiveness in addressing regional and global challenges.

3.       The Parties also recognise that generating and sustaining broad-based economic growth requires sustained high-level commitment by their governments to effectively and efficiently administer public institutions, invest in public infrastructure, welfare, health and education systems, and foster entrepreneurship and access to economic opportunity.

4.         The Parties may enhance broad-based economic growth through policies that take advantage of trade and investment opportunities created by this Agreement in order to contribute to, among other things, sustainable development and the reduction of poverty.   These policies may include those related to the promotion of market-based approaches aimed at improving trading conditions and access to finance for vulnerable areas or populations, and SMEs.

Article 23.4:  Women and Economic Growth

1.         The Parties recognise that enhancing opportunities in their territories for women, including workers and business owners, to participate in the domestic and global economy contributes to economic development.   The Parties further recognise the benefit of sharing their diverse experiences in designing, implementing and strengthening programmes to encourage this participation.

2.         Accordingly, the Parties shall consider undertaking cooperative activities aimed at enhancing the ability of women, including workers and business owners, to fully access and benefit from the opportunities created by this Agreement. These activities may include providing advice or training, such as through the exchange of officials, and exchanging information and experience on:

 (a)       programmes  aimed  at  helping  women  build  their  skills  and capacity, and enhance their access to markets, technology and financing;

(b)       developing women’s leadership networks; and

 (c)       identifying best practices related to workplace flexibility.

Article 23.5:  Education, Science and Technology, Research and Innovation

1.         The Parties recognise that the promotion and development of education, science and technology, research and innovation can play an important role in accelerating  growth,  enhancing  competitiveness,  creating  jobs,  and  expanding trade and investment among the Parties.

2.         The Parties further recognise that policies related to education, science and technology,  research  and  innovation  can  help  Parties  maximise  the  benefits derived from this Agreement.  Accordingly, Parties may encourage the design of policies in these areas that take into consideration trade and investment opportunities arising from this Agreement, in order to further increase those benefits.  Those policies may include initiatives with the private sector, including those aimed at developing relevant expertise and managerial skills, and enhancing enterprises’ ability to transform innovations into competitive products and start-up businesses.

Article 23.6:  Joint Development Activities

1.         The Parties recognise that joint activities between the Parties to promote maximisation of the development benefits derived from this Agreement can reinforce national development strategies, including, where appropriate, through work with bilateral partners, private companies, academic institutions and non- governmental organisations.

2.         When mutually agreed, two or more Parties shall endeavour to facilitate joint activities between relevant government, private and multilateral institutions so that the benefits derived from this Agreement might more effectively advance each Party’s development goals.  These joint activities may include:

 (a)       discussion   between   Parties   to   promote,   where   appropriate, alignment of Parties’ development assistance and finance programmes with national development priorities;

 (b)       consideration   of   ways   to   expand   engagement   in   science, technology and research to foster the application of innovative uses of  science  and  technology,  promote  development  and  build capacity;

 (c)       facilitation of public and private sector partnerships that enable private enterprises, including SMEs, to bring their expertise and

resources  to  cooperative  ventures  with  government  agencies  in support of development goals; and

 (d)      involvement   of   the   private   sector,   including   philanthropic organisations and businesses, and non-governmental organisations in activities to support development.

Article 23.7:  Committee on Development

1.         The Parties hereby establish a Committee on Development (Committee), composed of government representatives of each Party.

2.         The Committee shall:

 (a)       facilitate  the  exchange  of  information  on  Parties’  experiences regarding the formulation and implementation of national policies intended to derive the greatest possible benefits from this Agreement;

 (b)       facilitate the exchange of information on Parties’ experiences and lessons learned through joint development activities undertaken under Article 23.6 (Joint Development Activities);

 (c)       discuss  any proposals  for future  joint  development  activities  in support of development policies related to trade and investment;

 (d)       invite,  as  appropriate,  international  donor  institutions,  private sector entities, non-governmental organisations or other relevant institutions to assist in the development  and  implementation  of joint development activities;

 (e)       carry out other functions as the Parties may decide in respect of maximising  the  development  benefits  derived  from  this Agreement; and

 (f)       consider issues associated with the implementation and operation of this Chapter, with a view towards considering ways the Chapter may enhance the development benefits of this Agreement.

3.         The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as necessary.

4.         In  carrying  out  its  functions,  the  Committee  may  work  with  other committees, working groups and any other subsidiary body established under this Agreement.

Article 23.8:  Relation to Other Chapters

In  the  event  of  any  inconsistency  between  this  Chapter  and  another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.

Article 23.9:  Non-Application of Dispute Settlement

No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.

FULL TEXT OF TPP AGREEMENT