Implications of WTO Law for Plain Packaging of Tobacco Products

Voon, Tania; Mitchell, Andrew D.

doi:10.4337/9781781952177.00010

Cited by 20 publications

(17 citation statements)

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“…TRIPs, GATT, TBT) (WTO 2012). Ukraine was subsequently joined by The Dominican Republic, Honduras, Cuba and Indonesia as disputing parties (Voon and Mitchell 2012b), with British American Tobacco and Philip Morris International paying the legal expenses of some states engaged in the WTO process (Chapman and Freeman 2013, Martin 2013). At the time of writing, Ukraine had suspended its dispute proceedings, but the case was being pursued by the other four countries and was ongoing.…”

Section: Bilateral Investment Treaties and Tobacco Control Policymentioning

confidence: 99%

A Corporate Veto on Health Policy? Global Constitutionalism and Investor–State Dispute Settlement

Hawkins¹,

Holden²

2016

Journal of Health Politics, Policy and Law

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The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorise the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to ‘constitutionalise’ investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global ‘spaghetti bowl’ of IIAs creates opportunities for corporations to ‘venue shop’; to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues.

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Section: Bilateral Investment Treaties and Tobacco Control Policymentioning

confidence: 99%

A Corporate Veto on Health Policy? Global Constitutionalism and Investor–State Dispute Settlement

Hawkins¹,

Holden²

2016

Journal of Health Politics, Policy and Law

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“…However, it may be justifiable by virtue of being necessary for public health 11. This interpretation of justifiable is reinforced by Article 8(1), which permits WTO members to adopt measures necessary to protect public health provided they are broadly consistent with other provisions within TRIPS 102 106. Tobacco companies have argued that the proviso merely affirms the right of WTO members to make public policy and does not empower them to breach the provisions of TRIPS 11 103 104.…”

Section: ‘A High Standard Of Protection For Trademarks’: Extended Promentioning

confidence: 99%

International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership

Fooks

Gilmore

2013

Tob Control

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Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally.

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“…Given the importance of the measure to Australia and to the tobacco industry, we can expect a vigorous proceeding, including an appeal. Although some of the questions the dispute raises are novel in the context of WTO dispute settlement, the government has reason to be confident of the outcome [7].…”

Section: Intellectual Properties Rights: Open Accessmentioning

confidence: 99%