Andrew D Mitchell & Tien Dat Hoang, ‘Healthy Investments: Reshaping International Investment Agreements to Safeguard Public Health’ (2024) 46 University of Pennsylvania Journal of International Law 409-475

International Investment Agreements (“IIAs”) can promote public health by increasing investment in the health sector, including health-related infrastructure and pharmaceuticals. However, there is a concern that IIAs can also harm public health by prioritising investors’ rights and interests over national health laws, for example, by enabling foreign investors to challenge public health measures—such as tobacco regulations—as violations of their investment rights. This article explores how to reshape IIAs to better safeguard public health in an era of increasing global health challenges. Using a novel policy-based classification of public health recognition levels in IIAs, the article suggests better public health inclusions and protections.