Can citizens' rights to health trump corporations' rights? A case study of NAFTA's chapter 11

Title- Since the mid 80s, with the negotiation of NAFTA and the World Trade Organization agreements, trade agreements have become major social determinants of health. These new generation trade agreements which aim to externalize all costs associated with corporate activity are becoming major social determinants of health as they block or chill important government policies meant to protect health, the environment, and food security. This paper will focus on the NAFTA which, in its chapter 11, provides corporations with new investment rights and a revolutionary right to sue state parties directly. This is the model that is being proposed in other trade agreements. By looking at the pernicious effects it is already having on health in North America, one can extrapolate on what its effect on health would be if it were expanded globally. The conclusions we have drawn from our research is that in the current legal and policy framework, trade rights do trump citizens' right to health. And they will continue to do so with increasingly dire and far-reaching consequences, if we allow we allow governments to negotiate these trade agreements. The medical community, which has so far been noticeably absent in the debates surrounding these new trade agreements can play an important role in bringing about this sea change.