Sustainable Health Food Choices: Dietary Guidelines and International Economic Law

QUT Law Review, 18(1), 2018, 45-75 DOI: 10.5204/qutlr.v18i1.727

33 Pages Posted: 30 Nov 2018 Last revised: 22 Feb 2019

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Hope Johnson

Queensland University of Technology - Faculty of Law

Date Written: September 13, 2018

Abstract

Building on the companion piece by Christine Parker and Hope Johnson on international instruments supporting holistic dietary guidelines, this article examines potential concerns raised by such guidelines under international trade law and international investment law. Drawing lessons from the World Health Organization Framework Convention on Tobacco Control (‘WHO FCTC’) and its relevance to recent disputes in international economic law, this article examines the role of international instruments in supporting domestic dietary guidelines that could be challenged in the dispute settlement system of the World Trade Organization (‘WTO’) or under investor-state dispute settlement. The article includes an assessment of the potential impact of international economic laws on holistic dietary guidelines and related regulatory interventions, as well as a discussion of how a WHO treaty on healthy and sustainable diets could influence the interpretation and application of key trade and investment provisions. The article concludes that holistic dietary guidelines can be implemented in a manner consistent with international economic law, at least if local products are not prioritised.

Keywords: international investment law; international trade law; international economic law; public health; sustainability; world health organization; world trade organization

JEL Classification: K33

Suggested Citation

Voon, Tania and Johnson, Hope, Sustainable Health Food Choices: Dietary Guidelines and International Economic Law (September 13, 2018). QUT Law Review, 18(1), 2018, 45-75 DOI: 10.5204/qutlr.v18i1.727. Available at SSRN: https://ssrn.com/abstract=3289392

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

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

Hope Johnson

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

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