Assessing health impacts of the investor-state dispute settlement provision in contemporary trade and investment agreements: case studies of tobacco control, access to essential medicines and environmental health

The detrimental effects on health of global trade and investment agreements (TIAs) are being increasingly recognised. The recent negotiations of bilateral and regional TIAs have raised particular concern because of the health implications of the investor-state dispute settlement (ISDS) provision that allows investors to sue foreign governments for compensation of losses attributable to government measures. However, little research has been undertaken of these health implications, or the strategic options available to the countries involved. 

This research will examine the context and strategies used by countries in ISDS proceedings. A framework will be developed of the pathways from the ISDS mechanism. I will analyse in-depth case studies of ISDS proceedings in relation to tobacco control, access to essential medicines and environmental health. This study will be the first empirical research into health implications of ISDS use in TIAs and it will provide recommendations that countries can use to help achieve health and trade objectives.