Agreement between the United States, Mexico and Canada. Mexico`s Tariff: U.S. Trade Representative; 2018. ustr.gov/sites/default/files/files/agreements/FTA/USMCA/02%20Tariff%20Schedule%20of%20Mexico%20%20-%20US-MX_0.pdf. Called November 8, 2018. ISDS has become highly controversial due to the increase in the number of cases, including several high-level cases related to environment and health policy . One such case was a demand by tobacco giant Philip Morris for hundreds of millions of dollars in compensation against the Australian government for its tobacco packaging legislation . Because of this controversy, recently traded investment chapters (e.g. B Chapter 9 of the TPP) contain clauses aimed at reducing the likelihood that investors will win lawsuits against legitimate and non-discriminatory health measures.
Many of these clauses have not yet been verified and some legal scholars have expressed doubts as to the extent to which such alleged protective measures will help countries defend their rights against health and environmental policies and laws . On the other hand, some recently concluded bilateral trade agreements have explicitly excluded public health measures and/or specific health programmes (see, for example. B the Free Trade Agreement between Peru and Australia, Chapter 8, footnote 17) . Both agreements contain articles aimed at harmonizing authorisation processes and adapting them to international and regional standards. Article 7 of Annex TPP 8-C and art. 12.F.4 of the USMCA require the Parties to improve the harmonization of their rules and regulatory activities through international initiatives, “such as those aimed at harmonization, as well as regional initiatives that support such international initiatives.” Another article (Article 8 of TPP Annex 8-C and Article 12.F.6 of the USMCA) requires countries to take into account “relevant scientific or technical guides developed as part of international cooperation efforts” and encourages them to “take into account regionally developed scientific or technical guides” that are consistent with these international efforts. In addition, Article 16 of TPP Annex 8-C and Article 12.F.6 Para 10 of the USMCA require parties to consider applications for authorization in a format consistent with the International Conference on the Harmonization of Technical Requirements for the Registration of Pharmaceuticals for Human Use: Common Technical Document. The rules for pharmaceutical inspections will also be based on guides developed within the framework of international cooperation (Article 18 of the TPP Annex 8-C and Article 12.F.5 Para 8 of the USMCA). New Zealand Ministry of Foreign Affairs and Trade.
Text of the 2016 Trans-Pacific Partnership. www.mfat.govt.nz/en/about-us/who-we-are/treaties/trans-pacific-partnership-agreement-tpp/text-of-the-trans-pacific-partnership. Appeal on May 11, 2017. United Nations Conference on Trade and Development. Investor-State Dispute Settlement: A Look back at developments in 2017. . . .