The Investment Chapters of the EU's International Trade and Investment Agreements in a Comparative Perspective

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.

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

International Journal of Health Policy and Management ◽

10.34172/ijhpm.2020.189 ◽

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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International Trade and Investment Impact on Global Health

Global Journal of Social Sciences Studies ◽

10.20448/807.7.2.50.57 ◽

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.

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