In part 1 of our 2 part series about the Trans-Pacific Partnership (TPP) we highlighted how Obama’s new tobacco proposal for the Trans Pacific Partnership agreement has created turmoil. Instead of creating a “safe harbor” as originally planned to allow strong anti-smoking laws to remain in place, Obama’s new tobacco clause will allow for more corporate intervention.
What does this look like? Well, we are already seeing this being done in Australia. More trade agreements are including settlement clauses allowing investors to directly make claims against governments. According to this document, these “investor-state dispute settlements” have a “pro-business decision-making culture cultivated by arbitral rules and working practices.” These practices will allow for arbitral adjucators, who are normally lawyers without any public health knowledge, to bring claims against governments. This of course, leaves room for one to believe that these adjucators will have a bias toward tobacco corporations. Read More