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  

Tania Voon

The University of Melbourne - Law School

Andrew D. Mitchell

The University of Melbourne - Law School

Date Written: April 14, 2016

Abstract

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

Voon, Tania and Mitchell, Andrew D., Community Interests and the Right to Health in Trade and Investment Law (April 14, 2016). Forthcoming in Eyal Benvenisti and Georg Nolte (eds), Community Obligations in Contemporary International Law. Available at SSRN: https://ssrn.com/abstract=2849225

Tania Voon (Contact Author)

The University of Melbourne - Law School ( email )

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

Andrew D. Mitchell

The 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

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