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

31 Pages Posted: 11 Oct 2015

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: August 25, 2015

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 article 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 article 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: Evidence, public health, international trade, international investment, international law

JEL Classification: K33

Suggested Citation

Voon, Tania, Evidentiary Challenges for Public Health Regulation in International Trade and Investment Law (August 25, 2015). Journal of International Economic Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2672129

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

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

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