Even with the negotiations over the Trans-Pacific Partnership trade agreement expected to be concluded soon, it is dogged by another controversy. This has added pressure on the talks, now seemingly stymied by the failure of the US President to get a Fast Track facility from Congress. The controversy involves a seemingly innocuous provision known as the certification process which equips the US Congress and industries with extra leverage over member countries when it comes to enforcement of the TPP agreement. We explore the use of certification provision and its legal ramifications for member countries.

This is a report by Sherilyn Goh.