Download This PaperThe Trans-Pacific Partnership Agreement and the ISDS Carve-Out for Tobacco Control Measures
European Journal of Risk Regulation, 2015, vol. 4, pp. 652-658
7 Pages Posted: 16 Jan 2018
Date Written: December 23, 2015
Abstract
This report analyzes the tobacco carve-out clause (as well as the negotiations that led to its adoption) included in the final text of the Trans-Pacific Partnership Agreement, which permits the TPP Parties to deny investors that challenge their tobacco control measures access to the investor-state dispute settlement mechanism. The report also discusses the potential advantages and disadvantages of such a solution.
Keywords: ISDS, carve-out clause, tobacco control, TPP, investment arbitration
JEL Classification: K32, K33
Suggested Citation: Suggested Citation
Gruszczynski, Lukasz, The Trans-Pacific Partnership Agreement and the ISDS Carve-Out for Tobacco Control Measures (December 23, 2015). European Journal of Risk Regulation, 2015, vol. 4, pp. 652-658, Available at SSRN: https://ssrn.com/abstract=3099379
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