scholarly journals Investor-State Dispute Settlement and Tobacco Control: Implications for Non-communicable Diseases Prevention and Consumption-Control Measures

2017 ◽  
Vol 17 (2) ◽  
pp. 102 ◽  
Author(s):  
Hope Johnson

Public health advocates and policy makers have long considered how to translate the successes of tobacco control measures to address alcohol abuse and the excessive consumption of ultra-processed and nutrient-poor foods. Correspondingly, the strategies adopted by tobacco companies to prevent or delay regulation often parallel those adopted by the alcohol and food industries. Philip Morris, a leading tobacco company, has recently used investor–state dispute settlement (ISDS) mechanisms as a new strategy to hinder or prevent tobacco control measures in the form of plain packaging requirements. The cases that followed may have implications for the development of novel consumption-control measures, like plain packaging laws, aimed at preventing non-communicable diseases such as cancer and cardiovascular disease. This paper considers how the challenges to tobacco control measures through ISDS mechanisms could affect the development of consumption-control measures aimed at reducing alcohol abuse and unhealthy food consumption for non-communicable disease prevention. Using the recent ISDS challenges by Philip Morris as case studies, this paper draws out lessons and issues for the future development of consumption-control measures.

2018 ◽  
Author(s):  
Matthew Rimmer

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2003 from further investor and trade challenges.


2018 ◽  
Vol 7 (1) ◽  
pp. 76-93 ◽  
Author(s):  
Matthew Rimmer

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2013 from further investor and trade challenges.


2020 ◽  
Vol 21 (5) ◽  
pp. 724-752
Author(s):  
Margherita Melillo

Abstract This article analyses the evidentiary assessment made by the investment Tribunal in the case of Philip Morris with a view to drawing some lessons for the regulation of non-communicable diseases (NCD) prevention regulations on food, alcohol, and tobacco. After the introduction, the second Section describes why this dispute, like any dispute concerning NCD prevention measures more generally, raised particularly complex evidentiary challenges. The third Section introduces the provisions and features of the ‘evidence-based’ Framework Convention on Tobacco Control (FCTC) relevant to the dispute. The fourth Section describes the evidentiary assessment made by the Philip Morris Tribunal, highlighting how it relied extensively on the evidence stemming from or related to the FCTC rule in favour of Uruguay. Finally, the last Section draws lessons that the NCD prevention regulation can learn from Philip Morris for respondents in possible future investment disputes.


2014 ◽  
Vol 17 (3) ◽  
pp. 629-641 ◽  
Author(s):  
Deborah Carvalho Malta ◽  
Regina Ivata Tomie Bernal ◽  
Maria Cristina de Mattos Almeida ◽  
Lenice Harumi Ishitani ◽  
Anne Marielle Girodo ◽  
...  

Objective: In order to identify intraurban differentials, the prevalence of major protection and risk factors for non communicable chronic diseases were analyzed in nine health districts of Belo Horizonte, Minas Gerais, Brazil. Methods: Analysis of data from a telephone survey conducted with 2,000 adults in Belo Horizonte, in 2010, using the average linkage method for cluster analysis among the health districts, using sociodemographic variables (education, race and marital status). The study compared the prevalence of risk factors for non communicable diseases among the health districts. Results: Four clusters were identified. The best socio-demographic indicators were found in cluster 4 (South Central health district), which also showed a higher prevalence of protective factors such as higher consumption of fruits and vegetables, higher frequency of physical activity practice in the free time, use of ultraviolet protection, higher proportion of ex-smokers, and lower prevalence of whole milk and high-fat meat consumption. As a risk factor, cluster 4 showed a higher proportion of alcohol abuse. Cluster 1, with the worst socio-demographic indicators, concentrated more risk factors such as consumption of whole milk, low regular consumption of fruit and vegetables, and lower practice of physical activity in the free time. The most frequent protective indicators in cluster 1 were the regular consumption of beans, having breakfast at home, and lower alcohol abuse. Conclusion: Intra-urban differences were found in the distribution of risk and protection factors or non transmissible diseases, these differences can support planning aimed at actions for greater equity in health.


2016 ◽  
Vol 5 (3) ◽  
pp. 294
Author(s):  
Yandrizal Yandrizal ◽  
Rizanda Machmud ◽  
Melinda Noer ◽  
Hardisman Hardisman ◽  
Afrizal Afrizal ◽  
...  

Non-Communicable disease has already been the main cause of death in many countries, as many as 57 million death in the world in 2008, 36 million (63 percent) is because of un-infectious disease, specifically heart illness, diabetes, cancer, and chronic respiratory diseases. Prevention and controlling efforts of un-infectious diseases developing in Indonesia is non-communicable disease integrated development post (Pospindu PTM). This research used combination method approach with exploratory design. Exploratory design with sequential procedure used combination consecutively, the first is qualitative and the second is quantitative method. Public Health Center formed Posbindu PTM has not disseminate yet to all stakeholders. Posbindu PTM members felt benefit by following this activity. Some of them did not know follow the activity because of unknown about it. There was  connection between coming behavior to Posbindu PTM to preventing behavior of non-communicable disease.Percentage for high blood pressure risk indicated 20-25 percent from all visitors. Formulation of its policy implementation started with stakeholder analysis; head of sub district, head of urban village, head of health department in regency/city, head of public health service, head of neighborhood Association, and the head of family welfare development.  Analysis of perception, power and authority found that every stakeholder had authority to manage the member directly or indirectly. It was not implemented because of the lack knowledge of stakeholders about the Posbindu PTM function.They would play a role after knowing the aim and advantage of the post by motivate the people to do early detection, prevention and control the non-communicable disease. The members were given wide knowledge about  early detection, preventing  and control the un-infectious disease, measuring and checking up their healthy continuously so that keep feeling the advantage of coming to the post.


2021 ◽  
Author(s):  
Fatemeh Ataollahi ◽  
Leila Vali ◽  
Mohammadreza Amiresmaili ◽  
Nouzar Nakhaee ◽  
Maryam Okhovati

Abstract Background One of the effective strategies to prevent and control Non- communicable diseases risk factors is to identify priorities and problems of Non-communicable programs. this study was conducted to identify the challenges of non-communicable diseases programs in order to improve programs development. Methods This study was a qualitative study which was carried out in 5 universities of medical sciences and the Ministry of Health in 2019 year. The sampling method was purposive and the participants include specialists in the field of NCD who have executive and research experience in this field. Data were collected through 40 individual interviews with health professionals and care providers. Data were analyzed by content analysis using CIPP model. Results In the present study, problems of non-communicable disease programs were identified in 4 main categories, 12 sub-categories including inadequate participation of all levels of service delivery in program development, needs assessment, budget allocation, data and program evaluation system. Conclusions Some problems of non-communicable diseases programs included inadequacy of needs assessment, lack of prioritization based on local and regional conditions, program evaluation system. Paying attention to the mentioned points will help to solve underlying problems and improve the processes of developing, implementing and evaluating programs.


2018 ◽  
pp. 15
Author(s):  
Rieski Prihastuti ◽  
Trisno Agung Wibowo ◽  
Misinem Misinem

Purpose: Non-communicable diseases are leading cause of the global death, especially from cardiovascular disease, cancers, chronic obstructive pulmonary disease, and diabetes. Prevention and primary detection of non-communicable disease in Indonesia were done through integrated community-based intervention called ‘Posbindu PTM’. Implementation of ‘Posbindu PTM’ needed to be evaluated to determine each component in the non-communicable disease surveillance systems. Methods: This study was descriptive. Respondent were programmer in district health office and programmer in 24 primary health care in Wonosobo. Surveillance system evaluation that used was programs evaluation based on WHO (structure, main function, support function and quality of surveillance system). Results: The weakness of ‘Posbindu PTM’ in Wonosobo were lack of knowledge in the regulation, networking, collaborating, risk factor detecting and reporting; not availability of technical guidebook; low training participant; low monitoring and evaluation activity; also complex reporting system. There was 84% ‘Posbindu PTM’ that had not reported on time and 87,50 % programmer had not done the analysis, interpretation, and dissemination. This was related to the completeness of the report caused too many data that needed to be collected and affect the timeliness of the report. Conclusion: Strengthening ‘Posbindu PTM’ should be done in the reporting system aspect, especially in the timeliness and analysis of the report. Monthly reminder and refreshing in reporting system were done to improve the reporting system aspect.


2020 ◽  
pp. bmjmilitary-2020-001415 ◽  
Author(s):  
Ronan James Murphy

Military organisations have battled communicable disease for millennia. They have pioneered disease prevention from the Crusades to the World Wars and continue to do so today. Predeployment vaccinations and chemoprophylaxis are effective in preventing communicable disease, as is reliable vector destruction and bite prevention, especially in the era of multidrug resistant organisms. These measures are unlikely to be fully possible in disasters, but reactive vaccination and efforts to reduce exposure to communicable disease should be a priority. Communicable diseases can be challenging to diagnose—the UK Defence Medical Services have become familiar with tools such as multiplex PCR and mass spectrometry. These have the potential to accurately identify organisms and sensitivity patterns in austere environments. Management of communicable diseases depends on accurate diagnosis and has a largely well-established evidence base but can be limited by a lack of resources and skills in an austere setting, therefore telemedicine can assist diagnosis and treatment of infections by projecting specialist skill. Systems such as EpiNATO2 are useful in monitoring diseases and identifying trends in order to establish control measures. Many of these tools and techniques are effective in austere environments and offer learning opportunities for those providing care in similar settings. Further research is ongoing into diagnostic tools as well as remote management.


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