Investor-State Dispute Settlement Mechanism in International Trade and Its Impact on Public Health
This presentation will examine ISDS and its impact, or potential impact, on public health policy. The dispute of Apotex, Inc. v. United States of America under NAFTA will be used as a case study. Other examples will be presented, such as the Government of Australia’s passage of the Tobacco Plain Paper Packaging Act 2011 which is being challenged by Philip Morris Asia using the ISDS mechanism. The presenter will argue for a “carve-out” of ISDS challenges for public health decisions made by a Host State, which is in line with WTO Agreements that explicitly allow governments to take measures to restrict trade in pursuing national health policy objectives.
Learning Areas:Other professions or practice related to public health
Public health or related laws, regulations, standards, or guidelines
Public health or related public policy
Describe the investor-state dispute settlement (ISDS) mechanism in international trade. Discuss ISDS and its impact in general on public health issues.
Keyword(s): International Health, Public Policy
Qualified on the content I am responsible for because: I have twenty years experience working in international trade and public health. In my position at the U.S. Food & Drug Administration, I participate in international trade and public health issues. I witnessed first-hand the use of the investor-state dispute settlement mechanism under the North American Free Trade Agreement in the case of Apotex v. the United States of America.
Any relevant financial relationships? Yes
|Name of Organization||Clinical/Research Area||Type of relationship|
|U.S. Food & Drug Administration||government regulation||Employment (includes retainer)|
I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.