Investment protection agreements, regulatory chill, and national measures on childhood obesity prevention

Mavluda Sattorova

Chapter 7 in Ending Childhood Obesity, 2020, pp 161-184 from Edward Elgar Publishing

Abstract: This chapter will examine an interplay between international investment law and national policies on childhood obesity prevention. While the meaning and causes of a regulatory chill have already received some attention in academic literature, novel issues arise from the emerging empirical studies. As part of its effort to reframe the ongoing debate, the chapter will discuss a chilling effect of investor behaviour on national policy-making and outline some recommendations as to how a possible chilling effect of investment treaties and investor conduct on the making and implementation of public health regulations could be countered through reforms of investment treaty provisions as well as national laws on foreign investment. The chapter concludes with a toolkit for national policymakers, outlining key issues that those involved in devising and implementing national childhood obesity measures need to know in order to overcome any possible chilling factor and to ensure that new regulations are immune to legal challenges from affected investors.

Keywords: Economics and Finance; Law - Academic; Politics and Public Policy Sociology and Social Policy (search for similar items in EconPapers)
Date: 2020
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