International Investment Law

In: Tania Voon, Andrew Mitchell, and Jonathan Liberman, 'Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues', Routledge, 2013 (Forthcoming)

39 Pages Posted: 13 Aug 2013 Last revised: 14 Aug 2013

Date Written: August 13, 2013

Abstract

Investment claims by Philip Morris against Australian and Uruguayan tobacco packaging regulations have not only signaled the opening of a new front in tobacco litigation, but have highlighted the broader potential implications of international investment law for prevention and control of non-communicable diseases (NCDs). This chapter examines those potential implications and highlights how efforts to induce investment may tie the hands of health regulators. The discussion first examines state contracts, drawing upon examples from the tobacco sector where limits on regulation have been imposed by contracts for the sale of state-owned enterprises and to host international sporting events. The chapter then examines the implications of international investment agreements (IIAs) for regulation. Although IIAs leave host states a wide degree of regulatory autonomy, there are legal risks associated with attempts to induce investment in the food, beverage and tobacco sectors that states should manage carefully.

Keywords: investment, NCDs, tobacco, alcohol, food, bilateral investment treaties, state contracts

JEL Classification: K33, K32

Suggested Citation

McGrady, Benn, International Investment Law (August 13, 2013). In: Tania Voon, Andrew Mitchell, and Jonathan Liberman, 'Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues', Routledge, 2013 (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2309486

Benn McGrady (Contact Author)

Georgetown University ( email )

Washington, DC 20057
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
170
Abstract Views
1,244
rank
173,739
PlumX Metrics