Community Interests and the Right to Health in Trade and Investment Law
Forthcoming in Eyal Benvenisti and Georg Nolte (eds), Community Obligations in Contemporary International Law
28 Pages Posted: 13 Oct 2016
Date Written: April 14, 2016
This chapter examines the interaction between international trade law and international investment law on the one hand with the right to health as a human right on the other. It considers the United Nations treatment of this relationship as well as the right to health and human rights in WTO agreements, preferential trade agreements, bilateral investment treaties, and international disputes associated with these treaties. Using tobacco control as a case study, the chapter concludes that international economic law has the capacity to balance health interests, such that the objectives of health, trade and investment can be aligned.
Keywords: trade, investment, public international law, human rights, public health
JEL Classification: K33, I18
Suggested Citation: Suggested Citation