Research Handbook on Global Health Law
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Research Handbook on Global Health Law

Edited by Gian Luca Burci and Brigit Toebes

The effect of Globalization on health has attracted the attention of scholars and policy makers across multiple disciplines. A key concern is the regulation of international health protection, and in particular the use of international health instruments and the complex interaction between international law and health considerations. For the first time, a group of law and policy scholars have analysed these issues, drawing on knowledge from their respective fields. The resulting book provides comprehensive coverage of contemporary issues in global health law and governance.
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Chapter 7: Health and international investment law

Chiara Giorgetti

Abstract

Traditionally seen as fundamentally distinct fields of international law, international investment law and health have increasingly intersected. As they intertwined, the issue to be addressed focused on the State’s power to regulate health issues. This chapter explains first the main tenets of international investment law, and then reviews recent awards by international arbitral tribunals to explain how investment law principles have been used to safeguard national health legislation. These cases—including the widely cited 2016 Philip Morris v. Uruguay, decided in favor of Uruguay—show that investment tribunals have generally accepted the validity of the exercise of police powers by the State in regulating matters and have accepted the notion that scientifically-based and non-discriminatory provisions intended to protect public health must (and do) find a place in the regulatory space of States, even if they may affect foreign investments.

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