Trans-Pacific Partnership Agreement: Implications for Health
Some will say that I've no business commenting on international trade law on a health law website; but as you will see, the following arguments will inevitably show you that there are inextricable links between the two, and the link is one that does not bode well for the health of the people.
At this present time through to January 2012, Malaysia is in negotiations with the United States to enter into a trade agreement called the Trans-Pacific Partnership Agreement. Rumours in the mill are that government negotiators are increasingly for it. In the following paragraphs, I will enunciate and explain several terms that are contained in this agreement.
Notable terms:
1. No tariffs on US goods (except for one product that Malaysia may choose)
2. Upon any breach of the agreement (such as where laws enacted in Malaysia reduce profits of US products, an investor may sue the Government of Malaysia)
3. Investor is defined as any company incorporated within Malaysia or the US or anywhere else.
There are several effects of this that are non-health related, such as US rice will be cheaper than local rice, etc, but what I'm concerned about is really the price of US tobacco and the disabling of Malaysian legislators to make any more law on restricting tobacco use. The thing about this is that tobacco laws reduce profits of US products. This constitutes a breach of the terms of the agreement, and the Government of Malaysia will then be liable to prosecution by an investor before an international tribunal.
Then there's the notion of the public that 'Nah, no one will sue us, we're nice!' Let me tell you this now, there is a case currently ongoing against Uruguay due to a breach of a similar bilateral trade agreement and one against Australia on plain cigarette packaging. The Australian case was brought by a Hong Kong Philip Morris subsidiary, which is within the definition of investor in the agreement. (This is despite the Hong Kong-incorporated company having nothing to do with the agreement).
So if we sign this agreement, technically, the Tobacco Control Unit in the Ministry of Health will basically be rendered purposeless as it can no longer regulate tobacco use, as tobacco use will reduce profits of US products, hence resulting in a breach in the agreement.
So what more can I say... except this: BOMBS AWAY! Efforts must be taken to convince negotiators that this should be a no-go. After all, the strength of nation is dependent on the health of its people. Or so they say.
At this present time through to January 2012, Malaysia is in negotiations with the United States to enter into a trade agreement called the Trans-Pacific Partnership Agreement. Rumours in the mill are that government negotiators are increasingly for it. In the following paragraphs, I will enunciate and explain several terms that are contained in this agreement.
Notable terms:
1. No tariffs on US goods (except for one product that Malaysia may choose)
2. Upon any breach of the agreement (such as where laws enacted in Malaysia reduce profits of US products, an investor may sue the Government of Malaysia)
3. Investor is defined as any company incorporated within Malaysia or the US or anywhere else.
There are several effects of this that are non-health related, such as US rice will be cheaper than local rice, etc, but what I'm concerned about is really the price of US tobacco and the disabling of Malaysian legislators to make any more law on restricting tobacco use. The thing about this is that tobacco laws reduce profits of US products. This constitutes a breach of the terms of the agreement, and the Government of Malaysia will then be liable to prosecution by an investor before an international tribunal.
Then there's the notion of the public that 'Nah, no one will sue us, we're nice!' Let me tell you this now, there is a case currently ongoing against Uruguay due to a breach of a similar bilateral trade agreement and one against Australia on plain cigarette packaging. The Australian case was brought by a Hong Kong Philip Morris subsidiary, which is within the definition of investor in the agreement. (This is despite the Hong Kong-incorporated company having nothing to do with the agreement).
So if we sign this agreement, technically, the Tobacco Control Unit in the Ministry of Health will basically be rendered purposeless as it can no longer regulate tobacco use, as tobacco use will reduce profits of US products, hence resulting in a breach in the agreement.
So what more can I say... except this: BOMBS AWAY! Efforts must be taken to convince negotiators that this should be a no-go. After all, the strength of nation is dependent on the health of its people. Or so they say.
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