The Role of IEL Dispute Settlement Bodies in Reinforcing the Sovereign Rights of States in the Field of Tobacco Control

Abstract

This chapter critically analyses the role that is played by international economic law (IEL) dispute settlement bodies (DSBs) in the field of tobacco control. In particular, it looks at the recent case law of the World Trade Organization (WTO) and ad hoc investment tribunals that dealt with the national tobacco control measures. The chapter seeks to demonstrate that IEL DSBs recognize the importance of public health policies relating to tobacco control, and that through their recent decisions, they actually broadened, rather than undermined, the regulatory space available to States. If a specific measure is found illegal in the course of the proceedings, this is due to its discriminatory design and not because of any specific IEL hierarchy of values (e.g. trade and investment protection above public health).