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

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Jessica Casben

University of Melbourne - Melbourne Law School

Date Written: July 7, 2014

Abstract

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

Mitchell, Andrew D. and Casben, Jessica, The National Interest in Trade and Investment Agreements: Protecting the Health of Australians (July 7, 2014). 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). Available at SSRN: https://ssrn.com/abstract=2463061

Andrew D. Mitchell

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

Jessica Casben (Contact Author)

University of Melbourne - Melbourne Law School ( email )

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

Register to save articles to
your library

Register

Paper statistics

Downloads
122
Abstract Views
948
rank
232,398
PlumX Metrics