Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 54
Paragraphe
Paragraph text
International investment agreements may provide for exceptions that can be used by States to defend laws in the public interest, such as public health laws. Even where international investment agreements contain such exceptions, however, investor rights may trump them. After Uruguay had entered into a bilateral investment treaty with Switzerland, it adopted public health measures on the packaging and advertisement of cigarettes, in accordance with local laws, which were enacted pursuant to the World Health Organization Framework Convention on Tobacco Control. Although those measures accorded with the public health exception in the bilateral investment treaty, Phillip Morris International initiated a dispute against Uruguay, claiming that its law was unreasonable and breached the guarantee of fair and equitable treatment.
Status juridique
Non-negotiated soft law
Organe
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Type de document
Special Procedures' report
Mode d'adoption
N.A.
Thèmes
Governance & Rule of Law
Health
Année
2014
Type de paragraphe
Other
Reference
SR Health, Report to the UNGA (2014), A/69/299, para. 54.