Journal article

Public Health and the Trans-Pacific Partnership Agreement

AD Mitchell, T Voon, D Whittle

Asian Journal of International Law | Published : 2015

Abstract

The Trans-Pacific Partnership Agreement (TPP) has an ambitious agenda and could radically reshape trade in the Asia-Pacific. At the same time, TPP obligations have the potential to significantly restrict the ability of governments to regulate in the interests of public health. This paper examines the impact the TPP could have on two areas of public health regulation - tobacco control and access to medicines. It concludes that a number of legitimate concerns arise from the known content of the TPP, that the inclusion of a general health exception would be the preferable means of safeguarding the regulatory space of governments in relation to public health, and that the United States' proposal..

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University of Melbourne Researchers

Grants

Awarded by Australian National Preventive Health Agency


Awarded by Australian Research Council


Funding Acknowledgements

Professor, Melbourne Law School, The University of Melbourne. Andrew is a member of the Australian Government's Expert Advisory Group on Plain Packaging of Tobacco Products (an unpaid position). We 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 (Linkage Project LP120200028). Thank you also to James Munro and Elizabeth Sheargold for valuable research assistance and to Jessica Casben for editorial assistance at the proof stage. The opinions expressed here are our personal views as academics and are not necessarily shared by any government, employer, or other entity. Any errors or omissions are ours. This paper was largely finalized in November 2013.