文章基本信息

标题：Is It Time to Say Farewell to the ISDS System?; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?”
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作者：Raphael Lencucha
期刊名称：International Journal of Health Policy and Management
电子版ISSN：2322-5939
出版年度：2017
卷号：6
期号：5
页码：289-291
DOI：10.15171/ijhpm.2016.125
语种：English
出版社：Kerman University of Medical Sciences
其他摘要：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 shouldthe 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.
其他关键词：Trans-Pacific Partnership (TPP) Agreement ; Investor-State Dispute Settlement (ISDS) ; Health Policy ; Government Regulation