TPPA allows tobacco control measures

KUALA LUMPUR: The final text of the Trans-Pacific Partnership agreement (TPPA) includes a provision which states that claims challenging a tobacco control measure cannot be made under the Investor-State Dispute Settlement (ISDS) mechanism.
The Ministry of International Trade and Industry (Miti) said this is the first time where tobacco is given exceptional treatment in multilateral trade negotiations and Malaysia has been credited for the effort in tabling the initial proposal that led to this compromise.
Miti was responding to the call by the Malaysian Council for Tobacco Control to defend the total tobacco control carve-out under the TPPA.
“While this carve-out may not be as comprehensive as our initial proposal, we must not dismiss the fact that this compromise in itself, is a huge win since it sets a strong precedent for tobacco control and public health. It does not in any way affect the sovereign right of a TPP country to further regulate or impose tobacco control measures,” it said in a statement yesterday.

While such measures are bound by the trade principles of non-discrimination, Miti said, the exclusion from the ISDS as provided by the TPPA would ensure that states are protected against any challenge by foreign investors.
“Measures to control cigarette consumption must not be solely dependent on what the TPPA provides. There are other measures, which the Ministry of Health has adopted that do not violate any trade agreements,” it added. – Bernama