Hawkins, Benjamin orcid.org/0000-0002-7027-8046 and Holden, Chris orcid.org/0000-0003-1874-1408 (2016) A Corporate Veto on Health Policy?:Global Constitutionalism and Investor-State Dispute Settlement. Journal of health politics policy and law. pp. 969-995. ISSN 0361-6878
Abstract
The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the concept of global constitutionalism with veto point theory. It is argued that attempts to constitutionalize investment law, through a proliferation of International Investment Agreements (IIAs), has created a series of new veto points at which corporations may seek to block new policies aimed at protecting or enhancing public health. The multiplicity of new veto points in this global "spaghetti bowl" of IIAs creates opportunities for corporations to venue shop; that is, to exploit the agreements, and associated veto points, through which they are most likely to succeed in blocking or deterring new regulation. These concepts are illustrated with reference to two case studies of investor-state disputes involving a transnational tobacco company, but the implications of the analysis are of equal relevance for a range of other industries and health issues.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2016, Duke University Press. This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details |
Keywords: | investor–state dispute settlement; bilateral investment treaties; tobacco control; tobacco industry; veto points; veto players; global constitutionalism,Tobacco control,Tobacco industry,Bilateral investment treaties,Investor-state dispute settlement,Veto players,Global constitutionalism,Veto points |
Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Sciences (York) > Health Sciences (York) The University of York > Faculty of Social Sciences (York) > Social Policy and Social Work (York) |
Funding Information: | Funder Grant number NATIONAL INSTITUTES OF HEALTH UNSPECIFIED |
Depositing User: | Pure (York) |
Date Deposited: | 12 Jul 2016 11:14 |
Last Modified: | 16 Oct 2024 13:06 |
Published Version: | https://doi.org/10.1215/03616878-3632203 |
Status: | Published |
Refereed: | Yes |
Identification Number: | 10.1215/03616878-3632203 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:102376 |
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