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Is It Time to Say Farewell to the ISDS System? Comment on "The Trans-Pacific Partnership: Is It Everything We Feared for Health?"


ABSTRACT: 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 should the 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.

SUBMITTER: Lencucha R 

PROVIDER: S-EPMC5417151 | biostudies-other | 2016 Sep

REPOSITORIES: biostudies-other

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