Document Type

Article

Publication Date

2019

Source Publication

Canadian Yearbook of Human Rights 2016-2018 127 (2019)

Keywords

ISDS; foreign investor; investment treaty; NAFTA; MMT; fair and equitable treatment

Abstract

While investment treaties could help protect health and promote human rights, they are rather often used as a means to discourage governments from taking action. The treaties allow foreign investors to initiate investor-state dispute settlement (or ISDS) proceedings against states for their legislative, executive, administrative, and judicial decisions at any level. Thus, they provide a powerful tool for “foreign” investors to frustrate state action in virtually any area, including health and human rights. This article describes how ISDS provisions have impacted health-related decision- making by states and, in so doing, weakened their abilities to fulfill their human rights obligations.

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