A Breakthrough with the TPP: The Tobacco Carve-Out

7 Pages Posted: 1 May 2016 Last revised: 22 Jun 2016

See all articles by Sergio Puig

Sergio Puig

University of Arizona - James E. Rogers College of Law

Gregory Shaffer

University of California, Irvine School of Law

Date Written: June 20, 2016

Abstract

This comment discusses the tobacco ‘carve-out’, an important trade policy breakthrough. This year public health advocates have struck a blow against tobacco companies, which will be barred from bringing challenges under the Trans-Pacific Partnership (or TPP), an international deal that will regulate about one-third of global GDP. This measure is the first of its kind. As a result, the tobacco industry has promised to derail the TPP in the US Congress because of what they consider to be an unfair and arbitrary exclusion. In the comment we welcome a departure from a policy of unqualified support for the tobacco industry by U.S. trade authorities. We attempt to influence the public debate in light of the coming approval process of the TPP in the Congress.

Keywords: International law, International Trade, Tobacco Carve-Out, Regional Trade Agreements, TPP, Trans-Pacific Partnership

Suggested Citation

Puig, Sergio and Shaffer, Gregory C., A Breakthrough with the TPP: The Tobacco Carve-Out (June 20, 2016). Yale Journal of Health Policy, Law, and Ethics (2016 Forthcoming); Arizona Legal Studies Discussion Paper No. 16-13. Available at SSRN: https://ssrn.com/abstract=2772277

Sergio Puig (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

Gregory C. Shaffer

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

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