Is It Time to Say Farewell to the ISDS System?; Comment on "The Trans-Pacific Partnership: Is It Everything We Feared for Health?"
Investor-state dispute settlement (ISDS) continues to plague health-oriented government regulation. This is particularly reflected in recent challenges to tobacco control measures through bilateral investment agreements. There are numerous reform proposals circulating within the public health commun...
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| Format: | Book |
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Kerman University of Medical Sciences,
2017-05-01T00:00:00Z.
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| Summary: | Investor-state dispute settlement (ISDS) continues to plague health-oriented government regulation. This is particularly reflected in recent challenges to tobacco control measures through bilateral investment agreements. There are numerous reform proposals circulating within the public health community. However, I suggest that perhaps it is time for the community to explore a stronger position on ISDS. I draw from mounting evidence on the problematic uses of the ISDS to explore the proposition that ISDS is no longer justified. I tackle the normative question of shouldthe ISDS system persist and point out that the ISDS system is not justifiable from a development perspective and because of its nefarious use, is of no added value to a system that could rely on domestic courts. |
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| Item Description: | 10.15171/ijhpm.2016.125 2322-5939 2322-5939 |