Rethinking the “harmonisation” of international trade and public health

The World Health Organization’s Framework Tobacco Convention on Tobacco Control marks the most significant international legal initiative to control, reduce, and ultimately eliminate, tobacco use. Yet as the global community mobilises to fight the increase of non-communicable disease associated with tobacco use, calls for international coordination and novel legal interventions have driven tobacco corporations to exploit international trade and investment agreements to undermine governments’ resolve in implementing progressive public health measures. The observable focus of the literature addressing these challenges has been on solutions that reinforce the compatibility of the public health and the international trade and investment regimes. Such consistency efforts have allowed international trade rules to encroach on a state’s right to pursue public health measures, as unequivocally affirmed under the Tobacco Convention. In certain situations, it may lead to the conclusion that free trade values are not as inherently applicable to public health policy as efforts of harmonisation would prompt us to assume.