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Protecting noncommunicable disease prevention policy in trade and investment agreements

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Listed:
  • Thow, Anne Marie
  • Garde, Amandine
  • Winters, L. Alan
  • Johnson, Ellen
  • Mabhala, Andi
  • Kingston, Paul
  • Barlow, Pepita

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.

Suggested Citation

  • Thow, Anne Marie & Garde, Amandine & Winters, L. Alan & Johnson, Ellen & Mabhala, Andi & Kingston, Paul & Barlow, Pepita, 2022. "Protecting noncommunicable disease prevention policy in trade and investment agreements," LSE Research Online Documents on Economics 114937, London School of Economics and Political Science, LSE Library.
    • Handle: RePEc:ehl:lserod:114937
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    File URL: http://eprints.lse.ac.uk/114937/
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    References listed on IDEAS

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    1. McGrady,Benn, 2011. "Trade and Public Health," Cambridge Books, Cambridge University Press, number 9781107008410, November.
    2. Eckhard Janeba, 2019. "Regulatory chill and the effect of investor state dispute settlements," Review of International Economics, Wiley Blackwell, vol. 27(4), pages 1172-1198, September.
    3. Jarman, Holly, 2017. "Trade policy governance: What health policymakers and advocates need to know," Health Policy, Elsevier, vol. 121(11), pages 1105-1112.
    4. Shaffer,Gregory, 2021. "Emerging Powers and the World Trading System," Cambridge Books, Cambridge University Press, number 9781108817127, November.
    5. Shaffer,Gregory, 2021. "Emerging Powers and the World Trading System," Cambridge Books, Cambridge University Press, number 9781108495196, November.
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    Cited by:

    1. Ana Teresa Santos & Cátia Miriam Costa & Luisa Delgado-Márquez & Raquel Maria Banheiro, 2023. "Analysing the Influence of WHO Initiatives on the Scientific Discourse of Noncommunicable Diseases through a Bibliometric Approach," IJERPH, MDPI, vol. 20(18), pages 1-14, September.
    2. Anne Marie Thow & Wolfgang Alschner & Faisal Aljunied, 2023. "Public health clauses in international investment agreements: Sword or shield?," Global Policy, London School of Economics and Political Science, vol. 14(2), pages 260-269, May.

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    JEL classification:

    • L81 - Industrial Organization - - Industry Studies: Services - - - Retail and Wholesale Trade; e-Commerce

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