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Human Rights in International Investment Law and Arbitration$
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Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni

Print publication date: 2009

Print ISBN-13: 9780199578184

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199578184.001.0001

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Reconciling Public Health and Investor Rights: The Case of Tobacco

Reconciling Public Health and Investor Rights: The Case of Tobacco

(p.452) 19 Reconciling Public Health and Investor Rights: The Case of Tobacco
Human Rights in International Investment Law and Arbitration

Valentina Sara Vadi

Oxford University Press

This chapter explores the linkage between investment law and international instruments protecting public health, focussing on the specific issue of tobacco control. Since the recent inception of the WHO Framework Convention on Tobacco Control, which has established cognitive and normative consensus for promoting global public health through tobacco control, states have gradually adopted a series of measures to comply with this convention. However, international investment governance risks undermining the goal of tobacco control, for example by facilitating access to tobacco products, increasing competition, and lowering tobacco prices. After analysing the relevant legal framework, this chapter explores the potential conflict areas between investment governance and tobacco regulation, and proposes some legal tools that might help reconciling the interests at stake. In particular, it proposes recourse to customary rules of treaty interpretation.

Keywords:   tobacco control, tobacco products, competition, prices, regulatory measures, indirect expropriation, trademarks, tobacco companies

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