scholarly journals International investment liberalization, transnational corporations and NCD prevention policy non-decisions: a realist review on the political economy of tobacco, alcohol and ultra-processed food

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Penelope Milsom ◽  
Richard Smith ◽  
Phillip Baker ◽  
Helen Walls

Abstract Background Public health concerns relating to international investment liberalization have centred on the potential for investor-state dispute settlement (ISDS)-related regulatory chill. However, the broader political and economic dimensions that shape the relationship between the international investment regime and non-communicable disease (NCD) policy development have been less well explored. This review aimed to synthesise the available evidence using a political economy approach, to understand why, how and under what conditions transnational corporations may use the international investment regime to promote NCD prevention policy non-decisions. Main body Methods: Mechanisms explaining why/how the international investment regime may be used by transnational health-harmful commodity corporations (THCCs) to encourage NCD prevention policy non-decisions, including regulatory chill, were iteratively developed. Six databases and relevant grey literature was searched, and evidence was extracted, synthesized and mapped against the various proposed explanatory mechanisms. Findings: Eighty-nine sources were included. THCCs may be incentivised to use the ISDS mechanism since the costs may be outweighed by the benefits of even just delaying regulatory adoption, particularly since the chilling effect tends to ripple out across jurisdictions. Drivers of regulatory chill may include ambiguity in treaty terms, inconsistency in arbitral rulings, potential arbitrator bias and the high cost of arbitration. Evidence indicates ISDS can delay policy adoption both within the country directly involved but also in other jurisdictions. Additionally, governments are adopting standard assessments of public health regulatory proposals for trade and ISDS risk. Various economic, political and industry-related factors likely interact to increase (or decrease) the ultimate risk of regulatory chill. Some evidence indicates that THCCs take advantage of governments’ prioritization of foreign investment over NCD prevention objectives to influence the NCD prevention regulatory environment. Conclusions While ISDS-related regulatory chill is a real risk under certain conditions, international investment-related NCD prevention policy non-decisions driven by broader political economy dynamics may well be more widespread and impactful on NCD regulatory environments. There is therefore a clear need to expand the research agenda on investment liberalization and NCD policy beyond regulatory chill and engage with theories and approaches from international relations and political science, including political economy and power analyses.

2021 ◽  
Vol 22 (5-6) ◽  
pp. 651-686
Author(s):  
Hugo Thomé

Abstract Considering the imperative need to protect our environment, the present article begins by highlighting the absence of a comprehensive international framework under which transnational corporations may be held accountable for environmental harm. Drawing from the successful decisions on environmental counterclaims in Perenco v Ecuador and Burlington Resources v Ecuador, this article thus argues that this legal void could be filled by holding transnational corporations accountable for environmental harm under international investment law. However, the practice of environmental counterclaims as they have materialised in these recent decisions emphasises the existence of a gap between theory and reality and, thus, their limited chances of success. It is nevertheless suggested that, in the context of current debates surrounding an investor-State dispute settlement reform, States hold the cards to ensure that transnational corporations are held accountable for environmental harm under international investment law.


Author(s):  
Jane Hall

This article attempts to take on the policy issues and explores the economic analysis of prevention that can add to policy development. It discusses prevention and draws on the economic concepts of human capital and utility maximization. It provides a framework for investigating the reasons for people making the decisions and their response if their incentives or constraints alter. This approach can yield useful insights into behavior and answer various questions such as the reasons for smoking and the rise in the obesity level. Thus economic analysis can provide a basis for designing prevention strategies. This article addresses the issue of whether there is a current under-investment in prevention. For many policymakers and public health advocates, this question is about whether more prevention will save on care expenditure. Furthermore, the article turns to the special challenges in building an evidence base for prevention policy.


Author(s):  
Megan Brown Wollenberg

Action Against Hunger is an international non-governmental organization with six headquarters located around the world that focus on ending hunger in low and middle-income countries. The Canadian office uniquely provides evidenced-based technical support and evaluation for headquarters focused on implementing interventions and programming to mitigate hunger. For my practicum I worked in the International Gender Unit to support ongoing policy development and updating of the organization’s cross-network gender policy. Gender inequalities have direct causal links with malnutrition; yet, in March 2020 the Global Nutrition Report showed that global efforts to mitigate hunger by addressing gender inequalities are behind on most targets. To better capture and learn how to address underlying inequalities and drivers of malnutrition, my practicum research focused on the associations and non-associations between gender, gender-based violence, and malnutrition. This practicum placement had three objectives: 1) to provide a literature review 2) to provide a database comprised of peer-reviewed and grey literature; and, 3) to support new policy development during cross-headquarters discussions, research, and reporting. During this placement I had the opportunity to work online with individuals across five continents and twenty-one countries. This included facilitating break-out policy discussions during policy meetings, as well as semi-structured interviews that were conducted prior to providing a literature review and socio-ecological discussion on gender, gender-based violence and malnutrition. The opportunity to engage in international and cross-cultural collaborative work has been the highlight of my practicum. It has provided the opportunity to not only sharpen my reflexive praxis as a student of public health, but to sharpen my understanding of the policy process at the organizational level. It has additionally illuminated the importance of structural and social contexts in public health research and programming, especially within efforts to address gender inequalities and gender-based violence associated with malnutrition.


2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Angela Carriedo ◽  
Adam D. Koon ◽  
Luis Manuel Encarnación ◽  
Kelley Lee ◽  
Richard Smith ◽  
...  

Abstract Background In Latin America, total sales of sugar-sweetened beverages (SSBs) continue to rise at an alarming rate. Consumption of added sugar is a leading cause of diet-related non-communicable diseases (NCDs). Coalitions of stakeholders have formed in several countries in the region to address this public health challenge including participation of civil society organizations and transnational corporations. Little is currently known about these coalitions – what interests they represent, what goals they pursue and how they operate. Ensuring the primacy of public health goals is a particular governance challenge. This paper comparatively analyses governance challenges involved in the adoption of taxation of sugar-sweetened beverages in Mexico, Chile and Colombia. The three countries have similar political and economic systems, institutional arrangements and regulatory instruments but differing policy outcomes. Methods We analysed the political economy of SSB taxation based on a qualitative synthesis of existing empirical evidence. We identify the key stakeholders involved in the policy process, identified their interests, and assess how they influenced adoption and implementation of the tax. Results Coalitions for and against the SSB taxation formed the basis of policy debates in all three countries. Intergovernmental support was critical to framing the SSB tax aims, benefits and implementation; and for countries to adopt it. A major constraint to implementation was the strong influence of transnational corporations (TNCs) in the policy process. A lack of transparency during agenda setting was notably enhanced by the powerful presence of TNCs. Conclusion NCDs prevention policies need to be supported across government, alongside grassroots organizations, policy champions and civil society groups to enhance their success. However, governance arrangements involving coalitions between public and private sector actors need to recognize power asymmetries among different actors and mitigate their potentially negative consequences. Such arrangements should include clear mechanisms to ensure transparency and accountability of all partners, and prevent undue influence by industry interests associated with unhealthy products.


2020 ◽  
Author(s):  
Angela Carriedo ◽  
Adam Koon ◽  
Luis Manuel Encarnación ◽  
Kelley Lee ◽  
Richard Smith ◽  
...  

Abstract Background: In Latin America, total sales of sugar-sweetened beverages continue to rise at an alarming rate. Consumption of added sugar is a leading cause of diet-related non-communicable diseases. Coalitions of stakeholders have formed in several countries in the region to address this public health challenge including participation of civil society organizations and transnational corporations. Little is currently known about these coalitions – what interests they represent, what goals they pursue and how they operate. Ensuring the primacy of public health goals is a particular governance challenge. This paper comparatively analyses governance challenges involved in the adoption of taxation of sugar-sweetened beverages in Chile, Mexico and Colombia. The three countries have similar political and economic systems, institutional arrangements and regulatory instruments but differing policy outcomes..Methods: We analyse the political economy of SSB taxation based on a qualitative synthesis of existing empirical evidence. We identify the key stakeholders involved in the policy process, identify their interests, and assess how they influenced adoption and implementation of the tax.Results: Coalitions for and against the SSB taxation formed the basis of policy debates in all three countries. Intergovernmental support was critical to framing the SBB tax aims, benefits and instrumentation; and for countries to adopt it. A major constraint to implementation was the strong influence of transnational corporations (TNCs) in the policy process. A lack of transparency during agenda setting was notably enhanced by the powerful presence of TNCs.Conclusion: NCD prevention policies need to be supported across government, alongside grassroots organizations, policy champions and civil society groups to enhance their success. However, governance arrangements involving coalitions between public and private sector actors need to recognize power asymmetries among different actors and mitigate their potentially negative consequences. Such arrangements should include clear mechanisms to ensure transparency and accountability of all partners, and prevent undue influence by industry interests associated with unhealthy products.


Author(s):  
Donald Houston ◽  
Georgiana Varna ◽  
Iain Docherty

Abstract The concept of ‘inclusive growth’ (IG) is discussed in a political economy framework. The article reports comparative analysis of economic and planning policy documents from Scotland, England and the UK and findings from expert workshops held in Scotland, which identify four key policy areas for ‘inclusive growth’: skills, transport and housing for young people; city-regional governance; childcare; and place-making. These policies share with the ‘Foundational Economy’ an emphasis on everyday infrastructure and services, but add an emphasis on inter-generational justice and stress the importance of community empowerment as much as re-municipalisation. Factors enabling IG policy development include: the necessary political powers; a unifying political discourse and civic institutions; and inclusive governance and participatory democracy.


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