The battle grounds around tobacco and health are becoming more 
complicated as a result of existing and planned multilaterial trade 
agreements. The Philip Morris tobacco company is suing Uruguay for 
passing legislation that increased the size of health warnings on 
cigarette packs and put other curbs on cigarette marketing. In addition 
to the importance of the fight itself, the way in which Philip Morris is 
conducting this fight is an important early warning for new threats to 
national efforts at health policy.

Philip Morris moved to Switzerland where it is using a provision of a 
Swiss/Uruguay trade agreement that allows Philip Morris to sue Uruguay 
if the Uruguayan government brings in legislation that will damage 
Philip Morris’ /*profits*/ from tobacco sales in Uruguay. [Yes, you read 
that right, the issue is impact on profits, not impact on health]. The 
litigation is taking place not in Uruguay’s courts or Swiss courts, it 
is taking place in a tribunal (International-State Dispute Settlements: 
ISDS) composed of lawyers under the auspices of the World Trade 
Organization. Not surprisingly WTO and its lawyers do not have global 
health concerns high on their agenda.

The ISDS strategy is also in the currently planned Transatlantic Trade 
and Investment Partnership (TTIP) negotiated between the European Union 
(EU) and the United States. Similar features will be in the 
Trans-Pacific Partnership (TPP). That will expand the potential for 
multinationals to sue governments (at all levels) if legislation in 
areas such as tobacco, health, environment, safety, etc. threaten their 
profits. This is an ominous new battle ground for all aspects of global 
health policy.

Sam Lanfranco

-- 
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: [log in to unmask]   Skype: slanfranco
blog:  http://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852


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