Journal article

Evidentiary Challenges for Public Health Regulation in International Trade and Investment Law

Tania Voon



Recent challenges to public health regulation such as Indonesia's challenge to the USA's tobacco flavouring ban in the World Trade Organization (WTO), and the WTO and investment treaty challenges to Australia's plain tobacco packaging scheme, have raised common problems of evidence in the international trade and investment law regimes. Responding states are faced with high expectations in justifying their public health measures with empirical evidence connecting the measure with its purported health outcomes. This article compares approaches to evidence in international trade and investment law and seeks to derive lessons for policymakers in developing public health regulation with potential..

View full abstract

University of Melbourne Researchers


Awarded by Australian National Preventive Health Agency

Awarded by Australian Research Council

Funding Acknowledgements

BSc, LLB (Hons), Grad Dip Intl L (Melb), AMusA, LLM (Harv), PhD (Cantab); Professor and former Associate Dean (Research), Melbourne Law School, The University of Melbourne; Senior Emile Noel Fellow, Jean Monnet Center, NYU School of Law (Fall 2014); Former Legal Officer, Appellate Body Secretariat, World Trade Organization. Email I gratefully acknowledge the generous financial support provided for this independent research by the Australian National Preventive Health Agency (Grant ID 203MIT2011) and the Australian Research Council pursuant to the Linkage Project scheme (project number LP120200028). I also appreciate the extensive research assistance provided by Jessica Casben as well as valuable discussions with several individuals including participants in the Society of International Economic Law 3rd Biennial Global Conference (World Trade Institute, Berne, 11 July 2014), the Emile Noel Fellows Workshop, (Jean Monnet Centre, NYU School of Law, 30 September 2014), and the Harvard Law and International Development Society meeting, Harvard Law School (Cambridge, Massachusetts, 21 November 2014). I thank also the anonymous reviewers and editors for their valuable feedback. The opinions expressed here are my personal views as an academic and are not necessarily shared by any employer or other entity. Any errors or omissions are mine.