The O’Neill Institute Initiative on Trade, Investment and Health aims to bridge the gap between public health and international trade and investment law. The initiative is focused on the effects of trade and investment agreements on domestic regulatory autonomy.
The initiative fosters legal and multi-disciplinary scholarship on the intersection of trade, investment and health. The initiative also disseminates knowledge about international trade and investment law into the broader public health community, to enhance the ability of health lawyers and policy-makers to engage with international trade and investment agreements. Read More »
Trade and Public Health
Non-communicable diseases, associated with risk factors such as tobacco consumption, poor diet, and alcohol use, represent a growing health burden around the world. The seriousness of non-communicable diseases is reflected in the adoption of international instruments such as the WHO Framework Convention on Tobacco Control; the WHO Global Strategy on Diet, Physical Activity and Health; and the WHO Global Strategy to Reduce the Harmful Use of Alcohol. In line with these instruments, states are beginning to use measures such as taxes, restrictions on marketing, product regulation, and labeling measures for public health purposes. Learn More ›
Tobacco Product Regulation and The WTO
In September 2011, the World Trade Organization (WTO) released the report of a panel tasked with considering a complaint brought by Indonesia concerning prohibitions on certain flavored tobacco products implemented by the United States (US). The panel concluded that the US violated WTO law and recommended that the United States be asked to bring its laws into conformity with WTO law. The United States appealed the panel’s decision. The Appellate Body of the WTO upheld the panel report on April 4, 2012. This briefing paper provides a basic overview of the Appellate Body’s report and examines the implications for tobacco control and public health more generally. Learn More ›
The Political Economy of Tobacco Control in Brazil: Protecting Public Health in a Complex Policy Environment
This report was prepared in collaboration with the American Cancer Society and the Centro de Estudos sobre Tabaco e Saúde at FIOCRUZ. The report examines the following five issues (1) opportunities and challenges for Brazil’s national coordinating mechanism on implementation of the WHO Framework Convention on Tobacco Control, (2) implications of new trade agreements for tobacco control in Brazil, (3) investment and fiscal incentives in the Brazilian tobacco sector, (4) the effects of the WHO Framework Convention on Brazilian regulation and vice-versa, and (5) questions of institutional design for health regulatory agencies.
Recent Publications and Papers
Bialous, S., V.L. da Costa e Silva, J. Drope, R. Lencucha, B. McGrady and A.P. Richter. 2014. “The Political Economy of Tobacco Control in Brazil: Protecting Public Health in a Complex Policy Environment”. Rio de Janeiro: Centro de Estudos sobre Tabaco e Saúde, Escola Nacional de Saúde Pública/FIOCRUZ, and Atlanta: American Cancer Society.
Anne Marie Thow and Benn McGrady “Protecting Policy Space for Public Health Nutrition in an Era of International Investment Agreements”, Bulletin of the World Health Organization 2014; 92: 139–145
Joy Chavez, Jenina, Jeffrey Drope, Raphael Lencucha, and Benn McGrady. The Political Economy of Tobacco Control in the Philippines: Trade, Foreign Direct Invetment and Taxation. Quezon City: American Cancer Society, 2014.
Benn McGrady and Alexandra Jones, Tobacco Control and Beyond: The Broader Implications of US – Clove Cigarettes for Non-Communicable Diseases, American Journal of Law and Medicine, 39(2&3), 265–289
B. McGrady, Legalization as an Institutional Choice in the Context of Research and Development, Bulletin of the World Health Organization 2012; 90: 794–794A
B. McGrady, Revisiting TRIPS and Trademarks: The Case of Tobacco, TDM 5 (2012).