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Article
Exploring the Confines of International Investment and Domestic Health Protections--Is a General Exceptions Clause a Forced Perspective?
American Journal of Law & Medicine (2013)
  • Julien Chaisse, Chinese University of Hong Kong
Abstract

This Article focuses the analysis on the ramifications of the recent investment treaty practice, including “general exceptions” in investment treaties in light of increasing attention paid by governments to tobacco controls. This Article fundamentally tries to answer whether the “general exceptions” clause found in investment treaties can be an efficient tool for governments to develop national health policies. It is an important question, both at policy and theoretical levels, as investment treaties grant significant rights to foreign investors, such as tobacco companies, while many governments are willing to develop tobacco control measures which would echo those enforced by Uruguay and Australia, two countries subject to investors’ claims.

Keywords
  • investment treaty,
  • exceptions,
  • tobacco,
  • Philip Morris,
  • bilateral investment treaties,
  • international investment law,
  • article xx
Disciplines
Publication Date
Spring April 1, 2013
Citation Information
Julien Chaisse. "Exploring the Confines of International Investment and Domestic Health Protections--Is a General Exceptions Clause a Forced Perspective?" American Journal of Law & Medicine Vol. 39 Iss. 2/3 (2013)
Available at: http://works.bepress.com/julien_chaisse/62/