Publication

This brief discusses the opposition in the US Congress to the antismoking provisions in the Trans-Pacific Partnership (TPP) which are protected from potential lawsuits. Not surprisingly, it's tobacco companies, business groups, and Republican lawmakers who oppose these "carve-outs." As they see it, the measures undermine the investor-state dispute settlement (ISDS) system that is currently in place and will lead to additional carve-outs in future trade deals, particularly in the case of alcohol and sugar. In rebuttal, the author argues that 1) exceptions in trade deals are normal; 2) the TPP carve-out reflects current attitudes towards tobacco in international law and US trade policy; and 3) the exemption wasn't introduced by special interests. Indeed, it was insisted upon by TPP member countries.