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Protecting noncommunicable disease prevention policy in trade and investment agreements
Thow, Anne-Marie Garde, Amandine Winters, L. Alan Johnson, Ellen Mabhala, Mzwandile A. Kingston, Paul Barlow, Pepita
Thow, Anne-Marie
Garde, Amandine
Winters, L. Alan
Johnson, Ellen
Mabhala, Mzwandile A.
Kingston, Paul
Barlow, Pepita
Advisors
Editors
Other Contributors
EPub Date
Publication Date
2022-04-01
Submitted Date
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Abstract
Preventing noncommunicable diseases is a global priority, for which the World Health Organization has recommended policies to reduce the consumption of tobacco products, alcohol and unhealthy foods. However, regulation has been strongly opposed by affected industries, who have invoked the provisions of legally binding trade and investment agreements. The aim of this analysis of the legal, economic and public health literature was to present a short primer on the relationship between noncommunicable disease prevention policy and trade and investment agreements to help public health policy-makers safeguard public health policies. The analysis identified opportunities for protecting, and even promoting, public health in trade and investment agreements, including: (i) ensuring exceptions for public health measures are included in agreements; (ii) committing to good regulatory practice that balances transparency and cooperation with the need for governments to limit the influence of vested interests; (iii) ensuring trade and investment agreement preambles acknowledge the importance of public health; (iv) excluding investor–state dispute settlement mechanisms from agreements; and (v) limiting the scope and definition of key provisions on investor protection to reduce the risk of investment disputes. This synthesis of the multidisciplinary literature also provides support for greater strategic and informed engagement between the health and trade policy sectors. In addition, ensuring a high level of health protection in trade and investment agreements requires cooperation between disciplines, engagement with experts in law, economics and public health policy, and fully transparent policy processes and governance structures.
Citation
Thow, A. M., Garde, A., Winters, L. A., Johnson, E., Mabhala, M., Kingston, P., & Barlow, P. (2022). Protecting noncommunicable disease prevention policy in trade and investment agreements. Bulletin of the World Health Organization, 100(4), 268-275. http://dx.doi.org/10.2471/BLT.21.287395
Publisher
World Health Organization
Journal
Bulletin of the World Health Organization
Research Unit
DOI
10.2471/BLT.21.287395
PubMed ID
PubMed Central ID
Type
Article
Language
Description
Series/Report no.
ISSN
0042-9686
EISSN
1564-0604