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
Date Written: July 20, 2018
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