Chapter

Reconciling Public Health and Investor Rights: The Case of Tobacco

Valentina Sara Vadi

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0019

Series: International Economic Law Series

 Reconciling Public Health and Investor Rights: The Case of Tobacco

Show Summary Details

Preview

This chapter explores the linkage between investment law and international instruments protecting public health, focussing on the specific issue of tobacco control. Since the recent inception of the WHO Framework Convention on Tobacco Control, which has established cognitive and normative consensus for promoting global public health through tobacco control, states have gradually adopted a series of measures to comply with this convention. However, international investment governance risks undermining the goal of tobacco control, for example by facilitating access to tobacco products, increasing competition, and lowering tobacco prices. After analysing the relevant legal framework, this chapter explores the potential conflict areas between investment governance and tobacco regulation, and proposes some legal tools that might help reconciling the interests at stake. In particular, it proposes recourse to customary rules of treaty interpretation.

Keywords: tobacco control; tobacco products; competition; prices; regulatory measures; indirect expropriation; trademarks; tobacco companies

Chapter.  17710 words. 

Subjects: Human Rights and Immigration

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.