Evidentiary Challenges for Public Health Regulation in International Trade and Investment Law

7 Pages Posted: 18 Jun 2014

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: June 17, 2014

Abstract

Recent challenges to public health regulation such as Indonesia’s challenge to the United States’ tobacco flavouring ban in the World Trade Organization (‘WTO’), and the WTO and investment treaty challenges to Australia’s plain tobacco packaging scheme, have raised common problems of evidence in the international trade and investment law regimes. Responding states are faced with high expectations in justifying their public health measures with empirical evidence connecting the measure with its purported health outcomes. This paper compares approaches to evidence in international trade and investment law and seeks to derive lessons for policymakers in developing public health regulation with potential trade and investment treaty challenges in mind. The paper reflects on the kinds of evidence needed to successfully defend such challenges and the appropriate approach to assessing such evidence in disputes in these two fora.

Keywords: International trade law, International investment law, World Trade Organization, Evidence Public health

Suggested Citation

Voon, Tania, Evidentiary Challenges for Public Health Regulation in International Trade and Investment Law (June 17, 2014). Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/14. Available at SSRN: https://ssrn.com/abstract=2455959

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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