Protecting noncommunicable disease prevention policy in trade and investment agreements
Thow, A. M.; Garde, A.; Winters, L. A.; Johnson, E.; Mabhala, A.; Kingston, P.; Barlow, P., (2022) ‘Protecting noncommunicable disease prevention policy in trade and investment agreements’, Bulletin of the World Health Organization, 100:4, pp 268-275
Published 20 July 2022
The aim of this analysis of the legal, economic and public health literature is 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.