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8 Asian J. WTO & Int'l Health L & Pol'y 565 (2013)
Preventing Tobacco Companies' Interference with Tobacco Control through Investor-State Dispute Settlement under the TPP

handle is hein.journals/aihlp8 and id is 569 raw text is: PREVENTING TOBACCO COMPANIES'
Tsai-yu Lin*
As tobacco companies campaign to discourage the adoption of
strict tobacco control policy through aggressive international
litigation, investor-State arbitration remains a constant threat to
better global health. Following years of negotiations, however, the
Trans-Pacific Partnership Agreement (TPP) has yet to ease such
a threat.
The majority of TPP countries are parties to the WHO
Framework Convention on Tobacco Control. This paper argues
that these countries have strong justification to prioritize public
health, especially concerning tobacco control; and further to
prevent tobacco companies' interference with tobacco control
through Investor-State Dispute Settlement (ISDS).Based on this,
this paper proposes that excluding tobacco control measures from
the ISDS would provide an effective and simple solution to reduce
tobacco litigation and to safeguard tobacco control.
KEYWORDS: TPP FCTC, investor-State arbitration
Professor, College of Law, National Taiwan University, Taiwan; LLB, National Chengchi
University (Taiwan); LLM, Edinburgh University (UK); PhD, National Chengchi University
(Taiwan). Email: tylinkkry@ntu.edu.tw.

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