Community Interests and the Right to Health in Trade and Investment Law

in Eyal Benvenisti and Georg Nolte (eds), Community Interests Across International Law (Oxford University Press, 2018) 249-277

29 Pages Posted: 13 Oct 2016 Last revised: 24 Jul 2018

Tania Voon

The University of Melbourne - Law School

Andrew D. Mitchell

The University of Melbourne - Law School

Date Written: July 20, 2018

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 (July 20, 2018). in Eyal Benvenisti and Georg Nolte (eds), Community Interests Across International Law (Oxford University Press, 2018) 249-277. 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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