The Trans‐Pacific Partnership Agreement: challenges for Australian health and medicine policies

Faunce, Thomas; Townsend, Ruth

doi:10.5694/j.1326-5377.2011.tb04174.x

Cited by 16 publications

(12 citation statements)

References 10 publications

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“…Although repeated appointments of an arbitrator by the same company or law firm are commonly addressed in arbitral rules, repeated appointments by the same side of the investor-state divide are not 65. These concerns are consistent with the criticism that arbitrators broadly interpret the language contained in investment treaties in a way that prioritises transnational corporations’ economic interests over governments’ right to regulate 63 66 67…”

Section: Investor-state Dispute Settlementmentioning

confidence: 69%

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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Section: Investor-state Dispute Settlementmentioning

confidence: 69%

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

Fooks

Gilmore

2013

Tob Control

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“…Upon signing the agreement, changes to domestic policies are also likely to be required in relation to regulatory coherence, transparency, trade facilitation and harmonisation. These ‘behind-the-border’ regulatory controls on government increasingly limits policy space and national sovereignty to regulate investors or introduce public health policies that investors consider in contravention to the trade agreement [24-26]. …”

Section: St Century Trade: Radical Change and Real Concern For Publmentioning

confidence: 99%

A new generation of trade policy: potential risks to diet-related health from the trans pacific partnership agreement

Friel

Gleeson

Thow

et al. 2013

Globalization and Health

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Trade poses risks and opportunities to public health nutrition. This paper discusses the potential food-related public health risks of a radical new kind of trade agreement: the Trans Pacific Partnership agreement (TPP). Under negotiation since 2010, the TPP involves Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the USA, and Vietnam. Here, we review the international evidence on the relationships between trade agreements and diet-related health and, where available, documents and leaked text from the TPP negotiations. Similar to other recent bilateral or regional trade agreements, we find that the TPP would propose tariffs reductions, foreign investment liberalisation and intellectual property protection that extend beyond provisions in the multilateral World Trade Organization agreements. The TPP is also likely to include strong investor protections, introducing major changes to domestic regulatory regimes to enable greater industry involvement in policy making and new avenues for appeal. Transnational food corporations would be able to sue governments if they try to introduce health policies that food companies claim violate their privileges in the TPP; even the potential threat of litigation could greatly curb governments’ ability to protect public health. Hence, we find that the TPP, emblematic of a new generation of 21st century trade policy, could potentially yield greater risks to health than prior trade agreements. Because the text of the TPP is secret until the countries involved commit to the agreement, it is essential for public health concerns to be articulated during the negotiation process. Unless the potential health consequences of each part of the text are fully examined and taken into account, and binding language is incorporated in the TPP to safeguard regulatory policy space for health, the TPP could be detrimental to public health nutrition. Health advocates and health-related policymakers must be proactive in their engagement with the trade negotiations.

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“…There has long been public health concern that freer international trade will result in reduced health protections in the arenas of junk food, sugar-sweetened beverages and access to pharmaceuticals 66 67. Recently, public health advocates have spoken out against the Trans-pacific partnership on the grounds that it strengthens industry involvement in policy by offering new avenues for appeal which, in turn, could curb government ability to pass health promoting legislation 68…”

Section: Treatiesmentioning

confidence: 99%

What is policy and where do we look for it when we want to research it?

Crammond

Carey

2016

J Epidemiol Community Health

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Public health researchers are increasingly concerned with achieving 'upstream' change to achieve reductions in the global burden of disease and health inequalities. Consequently, understanding policy and how to change it has become a central goal of public health. Yet conceptualisation of what constitutes policy and where it can be found is very limited within this field. Our glossary demonstrates that policy is many headed. It is located in a vast array of documents, discussions dialogues and actions which can be captured variously by formal and informal forms of documentation and observation. Effectively understanding policy and its relevance for public health requires an awareness of the full range of places and contexts in which policy work happens and policy documents are produced.

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The Trans‐Pacific Partnership Agreement: challenges for Australian health and medicine policies

Cited by 16 publications

References 10 publications

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

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

A new generation of trade policy: potential risks to diet-related health from the trans pacific partnership agreement

What is policy and where do we look for it when we want to research it?

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