scholarly journals World Trade and Investment Agreements: Implications for Public Health

1998 ◽  
Vol 89 (1) ◽  
pp. 10-12 ◽  
Author(s):  
Ron Labonte
Keyword(s):  
Public Health ◽  
World Trade ◽  
Investment Agreements ◽  
Trade And Investment

The Treatment of Public Health Measures Affecting Intellectual Property Under Multilateral and Plurilateral Trade and Investment Agreements

2019 ◽  
Vol 20 (5) ◽  
pp. 759-783
Author(s):  
Mark Davison ◽  
Patrick Emerton
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Health Measures ◽  
The World ◽  
Regulatory Measures ◽  
Investment Agreements ◽  
Indirect Reference ◽  
Trade And Investment

Abstract This article considers the interpretation of provisions in international economic agreements that protect intellectual property as they relate to public health measures, and in particular to restrictions on the use of tobacco trademarks. A series of decisions, most recently the World Trade Organization (WTO) panel decision holding that Australia’s plain packaging measures for tobacco products comply with WTO obligations, allow for some generalisations. These include: (1) the nature of intellectual property rights is to confer a privilege of exclusive use on the rights-holder; (2) the interpretation of generally-worded treaty provisions is apt to be informed by recognition of the power of States to regulate for the purposes of public health; and (3) where provisions contain their own specifically-worded balancing tests, any direct or indirect reference to regulation for public health contained in the treaty is likely to be treated as weighing very heavily in favour of the legality of regulatory measures.

THE IMPLICATIONS OF THE WTO TOBACCO PLAIN PACKAGING DISPUTES FOR PUBLIC HEALTH MEASURES

2021 ◽  
Vol 70 (4) ◽  
pp. 1011-1027
Author(s):  
Andrew David Mitchell ◽  
Theodore Samlidis
Keyword(s):  
Public Health ◽  
World Trade ◽  
Tobacco Industry ◽  
Plain Packaging ◽  
Health Measures ◽  
Appellate Body ◽  
The World ◽  
Investment Law ◽  
Trade And Investment ◽  
Wto Agreements

AbstractAustralia became the first country to introduce standardised or plain packaging laws for tobacco products in 2011. However, they immediately came under direct and indirect challenge from the tobacco industry in various domestic and international fora, including at the World Trade Organization (WTO). The WTO-consistency of Australia's measures was not settled until June 2020, when the Appellate Body upheld two WTO panels’ earlier findings that Australia had acted consistently with its obligations under certain WTO agreements. This article critically analyses the Appellate Body's key findings and their implications for implementing other public health measures. It is shown that these implications are multifaceted, have political, practical and legal dimensions and are likely to reach beyond the WTO dispute resolution system's bounds into other international trade and investment law contexts.

scholarly journals Trade and Investment Agreements and the Global Politics of Health

2018 ◽  
pp. 425-444
Author(s):  
Chris Holden ◽  
Benjamin Hawkins
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
Global Politics ◽  
Political Actors ◽  
Political Processes ◽  
Regulatory Cooperation ◽  
The World ◽  
Investment Agreements ◽  
Trade And Investment

This chapter examines the politics of trade and investment agreements and how they interact with the politics of health at the global and domestic levels. The chapter first examines the operation of the World Trade Organization (WTO) and its implications for health, illustrating this with a WTO dispute between Indonesia and the United States involving the latter’s ban on flavoured cigarettes. It then examines aspects of the ‘next generation’ of trade and investment agreements that have particular implications for health policy, notably investor-state dispute settlement and regulatory cooperation. The analytical focus of this chapter is on political processes and political actors at the global and domestic levels that interact to produce trade policy and its impacts on health.

scholarly journals Including public health considerations in trade and investment agreements

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
A Thow ◽  
A Garde ◽  
M Mabhala ◽  
R Smith ◽  
P Kingston ◽  
...  
Keyword(s):  
Public Health ◽  
Panel Discussion ◽  
Access To Medicines ◽  
Noncommunicable Disease ◽  
Global Issues ◽  
Challenges And Opportunities ◽  
Strategic Policy ◽  
The Uk ◽  
Investment Agreements ◽  
Trade And Investment

Abstract There is widespread recognition that trade and investment agreements (TIAs) can affect health services, access to medicines, NCD prevention (particularly related to tobacco, alcohol and unhealthy food) and health systems structures. In addition, these binding international economic agreements can constrain the policy space available for innovative, evidence-based health policymaking. Although TIAs can have positive outcomes for employment and economic growth, these benefits are only likely to accrue when governments are pro-active in implementing complementary policies to mitigate impacts on other sectors and to address potential inequalities arising. The aim of this panel session is to examine the ways in which TIAs can be designed to achieve economic goals while also protecting public health, and identify complementary policy measures that may be needed as well as strategies for strategic policy engagement. This panel will be hosted by the UK-PRP PETRA Network (Prevention of noncommunicable disease using trade agreements). The UK will be negotiating a range of new TIAs over the coming years, representing a window of opportunity for strategic engagement with policymakers regarding how public health can be protected and promoted within these agreements. There is an emerging global body of evidence regarding how consideration of health can be integrated into TIAs, both textually and through strategic engagement with policymakers before and during the negotiation phase. Experience to date indicates common global challenges and opportunities for health and trade, as well as significant potential for cross country learning regarding trade and health. The panel discussion will use the UK experience as a springboard to address these global issues.

scholarly journals International Trade and Investment Agreements as Barriers to Food Environment Regulation for Public Health Nutrition: A Realist Review

2020 ◽  
Author(s):  
Kelly Garton ◽  
Anne Marie Thow ◽  
Boyd Swinburn
Keyword(s):  
Public Health ◽  
International Trade ◽  
Food Environment ◽  
Policy Design ◽  
Realist Review ◽  
Nutrition Policy ◽  
Fiscal Policies ◽  
Policy Space ◽  
Investment Agreements ◽  
Trade And Investment

Background: Achieving healthy food systems will require regulation across the supply chain; however, binding international economic agreements may be constraining policy space for regulatory intervention in a way that limits uptake of ‘best-practice’ nutrition policy. A deeper understanding of the mechanisms through which this occurs, and under which conditions, can inform public health engagement with the economic policy sector. Methods: We conducted a realist review of nutrition, policy and legal literature to identify mechanisms through which international trade and investment agreements (TIAs) constrain policy space for priority food environment regulations to prevent non-communicable diseases (NCDs). Recommended regulations explored include fiscal policies, product bans, nutrition labelling, advertising restrictions, nutrient composition regulations, and procurement policies. The process involved 5 steps: initial conceptual framework development; search for relevant empirical literature; study selection and appraisal; data extraction; analysis and synthesis, and framework revision. Results: Twenty-six studies and 30 institutional records of formal trade/investment disputes or specific trade concerns (STCs) raised were included. We identified 13 cases in which TIA constraints on nutrition policy space could be observed. Significant constraints on nutrition policy space were documented with respect to fiscal policies, product bans, and labelling policies in 4 middle-income country jurisdictions, via 3 different TIAs. In 7 cases, trade-related concerns were raised but policies were ultimately preserved. Two of the included cases were ongoing at the time of analysis. TIAs constrained policy space through 1) TIA rules and principles (non- discrimination, necessity, international standards, transparency, intellectual property rights, expropriation, and fair and equitable treatment), and 2) interaction with policy design (objectives framed, products/services affected, nutrient thresholds chosen, formats, and time given to comment or implement). Contextual factors of importance included: actors/institutions, and political/regulatory context. Conclusion: Available evidence suggests that there are potential TIA contributors to policy inertia on nutrition. Strategic policy design can avoid most substantive constraints. However, process constraints in the name of good regulatory practice (investor-state dispute settlement (ISDS), transparency, regulatory coherence, and harmonisation) pose a more serious threat of reducing government policy space to enact healthy food policies.

scholarly journals International Trade and Investment Impact on Global Health

2021 ◽  
Vol 7 (2) ◽  
pp. 50-57
Author(s):  
Hamza E Albaheth
Keyword(s):  
Public Health ◽  
International Trade ◽  
Global Health ◽  
Health Determinants ◽  
Negative Outcomes ◽  
Social Good ◽  
Contextual Framework ◽  
Health Need ◽  
Investment Agreements ◽  
Trade And Investment

Dealing with issues related to global health need the trade and investment laws. The global health is affected by the International Trade and Investment agreements or TIAs. It can have advantages on the factor like individuals and their wellbeing but, from the perspectives of social good and health range, also has some negative outcomes. This article emphasised on the changing the perspective towards contextual framework of public health and International Trade and Investment agreements or TIAs. There are a range of both positive and negative outcomes related to TIAs. They impact main health determinants in complex ways, for instance inequality and poverty and can elevate the inequalities factors within and between the nations. By analysing the highlighted issues, it has been suggested to re-structure the basic TIAs structure, as executed by the outlined comprehensive approach.

scholarly journals 17.B. Round table: Including public health considerations in trade and investment agreements

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
◽  
Keyword(s):  
Public Health ◽  
Health Services ◽  
Trade Agreements ◽  
Access To Medicines ◽  
Policy Space ◽  
Health Services Access ◽  
The Uk ◽  
Investment Agreements ◽  
Policy Engagement ◽  
Trade And Investment

Abstract There is widespread recognition that trade and investment agreements (TIAs) can affect health services, access to medicines, NCD prevention (particularly related to tobacco, alcohol and unhealthy food) and health systems structures. In addition, these binding international economic agreements can constrain the policy space available for innovative, evidence-based health policymaking. Although TIAs can have positive outcomes for employment and economic growth, these benefits are only likely to accrue when governments are pro-active in implementing complementary policies to mitigate impacts on other sectors and to address potential inequalities arising. The aim of this panel session is to examine the ways in which TIAs can be designed to achieve economic goals while also protecting public health, and identify complementary policy measures that may be needed as well as strategies for strategic policy engagement. This panel will be hosted by the UK-PRP PETRA Network (Prevention of the noncommunicable disease using trade agreements). The UK will be negotiating a range of new TIAs over the coming years, representing a window of opportunity for strategic engagement with policymakers regarding how public health can be protected and promoted within these agreements. There is an emerging global body of evidence regarding how consideration of health can be integrated into TIAs, both textually and through strategic engagement with policymakers before and during the negotiation phase. Experience to date indicates common global challenges and opportunities for health and trade, as well as significant potential for cross country learning regarding trade and health. The panel discussion will use the UK experience as a springboard to address these global issues. The expert panel, drawn from the PETRA Network with expertise in political economy, trade law, economics and public health advocacy, will provide brief overview of the current issues in trade and health and how public health can be protected in trade agreements. The 5-minute panel presentations will briefly summarise how inclusions in TIAs can support and protect policy space for health systems and health services, access to medicines, NCD prevention, and nutrition and food systems. The session will then open for a roundtable discussion among participants regarding 1) country-specific examples and questions regarding health protections; 2) experiences related to health-trade policy engagement; 3) lessons for elevating health on the political agenda, particularly regarding trade. (Note that if there are more than 16 participants, then the workshop will split into small groups for discussion with panel/ PETRA Network resource people. The panel session and discussion will provide the basis for a planned public health-oriented briefing note by the PETRA Network on including public health considerations in trade and investment agreements. Key messages Including consideration of health in trade and investment, agreements can protect policy autonomy for public health and promote good public health outcomes; In order to promote consideration of public health in trade and investment agreements, strategic engagement with trade policymakers before and during the negotiation period is critical.

Integrating Social and Environmental Considerations into Trade and Investment Agreements, for Sustainable Development

2021 ◽  
pp. 313-323
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Social Development ◽  
World Trade ◽  
Trade Law ◽  
Law And Policy ◽  
Investment Law ◽  
Environmental Considerations ◽  
Investment Agreements ◽  
Trade And Investment ◽  
Procedural Aspect

This chapter summarizes the findings of the research and draws together the explanations of these findings explored throughout the volume. Key findings include; the observation that States are adopting sustainable development as part of the ‘object and purpose’ of trade law, both in the World Trade Organization (WTO) and in many regional trade agreements (RTAs); the observation that States are also adopting innovative operational provisions to prevent trade and investment law from constraining legitimate new environment and social development measures and the enhancement of trade and investment in more sustainable sectors; as well as the observation that that there is an important procedural aspect to the integration of environmental and social development concerns in trade and investment law and policy. Drawing on these findings, the chapter summarizes opportunities for States to address key tensions between trade, environmental and social development regulations through the adoption of integration measures for sustainable development in the treaties, and three steps that States can take towards meaningful integration.

Sign in / Sign up

Export Citation Format

Share Document