scholarly journals Thailand institutional framework for FTA negotiation

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Suphat Suphachalasai ◽  
Chanin Mephokee ◽  
Sudharma Yoonaidharma ◽  
Prapanpong Khumon ◽  
Natharika Chan ◽  
...  
Keyword(s):  
International Trade ◽  
Member Country ◽  
Research Field ◽  
Institutional Framework ◽  
International Institute ◽  
Technical Standards ◽  
The Face ◽  
Thai Government ◽  
Investment Agreements ◽  
Trade And Investment

This article aims to analyze institutional framework relating to the implementation of international trade and investment agreements, especially Free Trade Agreements (FTAs), which Thailand is a member country and going to be a member country, to recommend appropriate guidelines for integration of process and institution to comply with commitments under international trade and investment agreements. The article covers an overview of the institutional mechanism and process of establishing agreement and the implementation of specific areas such as Technical Barriers to Trade (TBT). The article indicates problems of integration of institutional framework in Thailand and renders important recommendations both for general issues (such as Thai government should formulate strategy and create strategic roadmap for trade and investment negotiation) and for specific issues (such as Thailand should conduct a periodical review of existing technical standards to assess their compliance with FTAs). This article is based on a research project named “Thailand’s Institutional Reform in the Face of International Trade and Investment Obligations” of International Institute for Trade and Development (ITD) conducted using several research methodologies including documentary research, field survey, in-depth interviews and focus group.

scholarly journals A conceptual framework for investigating the impacts of international trade and investment agreements on noncommunicable disease risk factors

2017 ◽  
Vol 33 (1) ◽  
pp. 123-136 ◽  
Author(s):  
Ashley Schram ◽  
Arne Ruckert ◽  
J Anthony VanDuzer ◽  
Sharon Friel ◽  
Deborah Gleeson ◽  
...  
Keyword(s):  
Risk Factors ◽  
International Trade ◽  
Conceptual Framework ◽  
Disease Risk ◽  
Noncommunicable Disease ◽  
Investment Agreements ◽  
Trade And Investment

Philip Morris v. Uruguay: The Punta del Este Declaration on the Implementation of the WHO Framework Convention on Tobacco Control

2011 ◽  
Vol 2 (2) ◽  
pp. 254-260 ◽  
Author(s):  
Benn McGrady
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Tobacco Control ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Philip Morris ◽  
The Relationship ◽  
Investment Agreements ◽  
Trade And Investment

In November 2010, 171 Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) unanimously adopted the Punta del Este Declaration on implementation of the Convention. The Declaration follows the filing of an international investment claim against Uruguay by Philip Morris Products (Switzerland) and related companies. The Declaration reaffirms the commitment of the 171 WHO FCTC Parties to implementation of the Convention and addresses the relationship between the WHO FCTC and international trade and investment agreements, particularly in the context of intellectual property rights. This article outlines the Request for Arbitration, sets out the Declaration and the broader normative context in which it arose before touching briefly on the implications of the Declaration.

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.

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