The National Interest in Trade and Investment Agreements: Protecting the Health of Australians
Australia’s Trade, Investment and Security in the Asian Century (working title). John Farrar, Mary Hiscock and Vai Io Lo eds., World Scientific, Singapore (Forthcoming)
12 Pages Posted: 1 Aug 2014 Last revised: 21 Apr 2018
Date Written: July 7, 2014
The good health of its population is fundamental to a country’s national interest. Regulation of these risk factors, however, presents particular challenges in the light of international trade law and international investment law, as policy interventions often seek behavioural change including lower consumption of particular goods. Drawing on the legal challenges to Australia’s plain tobacco packaging laws, this paper considers the obligations applicable to NCD risk factor regulation under international trade and investment law and explores some of the options available to protect regulatory autonomy in trade and investment treaties.
Keywords: Bilateral Investment Treaty (BIT), Exceptions, Fragmentation, International dispute settlement, International investment law, International Law, Investor-state claims, International trade law, Non-communicable diseases, Public health, Tobacco, World Trade Organization (WTO)
JEL Classification: I18, K32, K33
Suggested Citation: Suggested Citation