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Author Vadi, Valentina
Title Public Health in International Investment Law and Arbitration
Imprint London : Taylor & Francis Group, 2012
book jacket
Edition 1st ed
Descript 1 online resource (249 pages)
text txt rdacontent
computer c rdamedia
online resource cr rdacarrier
Series Routledge Research in International Economic Law Ser
Routledge Research in International Economic Law Ser
Note Front Cover -- Public Health in International Investment Law and Arbitration -- Copyright page -- Contents -- Table of treaties -- Table of cases -- Foreword -- Preface -- Acknowledgements -- List of abbreviations -- Introduction -- Part I Foreign direct investments and public health: defining and connecting the two fields -- Introductory note -- 1 International investment law -- Introduction -- Foreign direct investment: definition and function -- Multilateral failures and bilateral successes -- Contents of investment treaties -- The settlement of disputes between foreign investors and states -- Main characteristics of investor-state arbitration -- Final remarks -- 2 Public health in contemporary international law and policy -- Introduction -- A historical overview -- Defining health -- The international legal framework -- The scope and the content of state obligations -- The linkage between public health and development -- Conclusions -- 3 The interplay between public health and foreign direct investments -- Introduction -- Globalization, state sovereignty and neo-medievalism in international law -- The regulatory powers of the host state -- The dispute settlement mechanisms -- Public law and investment treaty arbitration -- Investment treaty arbitration as global administrative law -- Conclusions -- Part II The interplay of foreign investment and public health in practice -- Introductory note -- 4 Access to medicines in international investment law and arbitration -- Introduction -- Access to medicines in international law -- Pharmaceutical patent regulation in international economic law -- A taxonomy of claims in the patent area -- Expropriation -- Compensation -- Fair and equitable treatment -- Non-discrimination -- Reconciling patent rights with public health in investment law -- Interpretation -- Negotiation and mediation -- Legal drafting
Conclusions -- 5 Trademark protection v. tobacco control in international investment law -- Introduction -- Global health governance and tobacco control -- Tobacco control as a human rights issue -- The Framework Convention on Tobacco Control (FCTC) -- The 'tobacco wars': case studies in international investment law -- Expropriation -- Non-discrimination -- Fair and equitable treatment -- The prohibition of unreasonable measures -- Reconciling investor rights and tobacco control in investment law -- Negotiation/ mediation -- Interpretation -- Textual interpretation -- Teleological interpretation -- Subsidiary means of treaty interpretation -- Systemic interpretation -- Stipulating ad hoc safeguards -- Conclusions -- 6 The environmental health spillovers of foreign direct investment in international investment arbitration -- Introduction -- The conceptual and normative scope of environmental health -- Environmental provisions in investment treaties -- Arbitrating disputes with environmental health elements -- Indirect expropriation -- The sole effects doctrine in environmental disputes -- The police powers doctrine in environmental disputes -- Ascertaining discrimination in environmental disputes -- The fair and equitable treatment standard in environmental disputes -- Reconciling environmental health and investor rights -- Environmental Impact Assessment -- The role of science in international investment law and arbitration -- The standard of review -- Conclusions -- Part III Reconciling public health and investor rights in international investment law -- Introductory note -- 7 Reconciling conflicting interests -- Introduction -- Unity versus fragmentation -- The applicable law -- Public policy -- Conflict and reconciliation of norms in investor-state arbitration -- Interpretation -- Judicial borrowing in investment treaty arbitration
The use of precedents of other international courts and tribunals in investment treaty arbitration -- The use of precedents of national courts in investor-state arbitration -- Treatment in accordance with international law -- Conclusions -- Conclusions -- Selected bibliography -- Index
Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy. With a focus on the 'clash of cultures' between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights
Description based on publisher supplied metadata and other sources
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2020. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
Link Print version: Vadi, Valentina Public Health in International Investment Law and Arbitration London : Taylor & Francis Group,c2012 9780415507493
Subject Public health laws
Electronic books
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