How Can States Use Exceptions in Treaties to Defend Tobacco Control Legislation?
Article from: TDM 5 (2012), in Legal Issues in Tobacco Control
In this article Ostřanský examines the nature of exception clauses to International Investment Agreements ('IIAs') and concludes that public health justifications for tobacco control measures potentially fall within a number of available exceptions. He cautions against arbitral tribunals encroaching too far on States' policy choices in the light of scientific uncertainty, democratic legitimacy and community proximity. The structure of the paper is as follows: in Part I, the general elements and characteristics of exception clauses in IIAs are introduced and an ...