Glossary entry (derived from question below)
English term or phrase:
deny the benefits
English answer:
deny them [the tobacco companies] the possibility to use this procedure
Added to glossary by
Nadia Ayoub
Feb 21, 2017 16:17
7 yrs ago
2 viewers *
English term
Egypt
Never lost for words!
Native in: Arabic
Works in: English to Arabic, Arabic to English, Italian to Arabic, and 4 more.
deny the benefits
English
Social Sciences
International Org/Dev/Coop
"Because of its vast financial resources, the tobacco industry is a formidable opponent in litigation; the industry’s resources often dwarf those of countries and subnational jurisdictions that must defend their policies. Sometimes the mere threat of litigation may be sufficient to intimidate countries into delaying or abandoning tobacco control measures. Recently, countries negotiating the Trans-Pacific Partnership Agreement have recognized this problem by adding, for the first time in any trade agreement, a general exception that allows any party the right to *deny the benefits* of investor–state dispute settlement with respect to any claims challenging a tobacco control measure."
https://cancercontrol.cancer.gov/brp/tcrb/monographs/21/docs...
https://ustr.gov/about-us/policy-offices/press-office/press-...
Not sure what it means in this context.
Thank you for your help!
https://cancercontrol.cancer.gov/brp/tcrb/monographs/21/docs...
https://ustr.gov/about-us/policy-offices/press-office/press-...
Not sure what it means in this context.
Thank you for your help!
Responses
| 5 +2 | deny them [the tobacco companies] the possibility to use this procedure |
Daryo
|
| 5 +1 | Revoke privileges |
Morad Seif
|
References
| Chapter 29 of the TPP |
Helena Chavarria
|
Responses
+2
1 hr
English term (edited):
to deny [them] the benefits of investor–state dispute settlement
Selected
deny them [the tobacco companies] the possibility to use this procedure
because this "investor–state dispute settlement" procedure is heavily skewed in favour of big multinationals, it's a "benefit" for them (a big advantage);
this Trans-Pacific Partnership Agreement has included the option for states to deny them [the tobacco companies] the possibility to use this procedure ("investor–state dispute settlement") - so they can't sue states for "lost profits" if they are restricted in poisoning the population with their wares.
this Trans-Pacific Partnership Agreement has included the option for states to deny them [the tobacco companies] the possibility to use this procedure ("investor–state dispute settlement") - so they can't sue states for "lost profits" if they are restricted in poisoning the population with their wares.
4 KudoZ points awarded for this answer.
Comment: "Many thanks!"
+1
5 hrs
Morad Seif
Türkiye
Türkiye
Türkiye
Quality matters most!
Native in: Persian (Farsi)
Works in: English, Persian (Farsi) to English, English to Persian (Farsi)
Reference comments
46 mins
Helena Chavarria
Spain
Spain
Native in English
&
English
Spain
Striving for excellence
Native in: English (Variant: British) 
Works in: Spanish to English, Catalan to English
Reference:
Chapter 29 of the TPP
Article 29.5: Tobacco Control Measures
A Party may elect to deny the benefits of Section B of Chapter 9 (Investment) with respect to claims challenging a tobacco control measure12 of the Party. Such a claim shall not be submitted to arbitration under Section B of Chapter 9 (Investment) if a Party has made such an election. If a Party has not elected to deny benefits with respect to such claims by the time of the submission of such a claim to arbitration under Section B of Chapter 9 (Investment), a Party may elect to deny benefits during the proceedings. For greater certainty, if a Party elects to deny benefits with respect to such claims, any such claim shall be dismissed.
https://www.mfat.govt.nz/assets/_securedfiles/Trans-Pacific-...
--------------------------------------------------
Note added at 49 mins (2017-02-21 17:06:41 GMT)
--------------------------------------------------
Tobacco Control Measures
Tobacco is a product that poses unique public health challenges, as is reflected
in each Party’s tobacco control regulations. In order to ensure that
each Party has the ability to regulate manufactured tobacco products and
protect public health, TPP, for the first time in any trade agreement, builds
on structures established in the agreement to give each Party the right to
decide that its tobacco control measures for manufactured tobacco products
cannot be challenged by private investors under Investor-State Dispute
Settlement (ISDS). Other provisions of the agreement, including state-tostate
dispute settlement procedures by governments, will continue to apply.
This provision does not apply to tobacco leaf; under TPP, U.S. tobacco farmers
will have enhanced opportunities to compete fairly in foreign markets by
the elimination of foreign tariffs on tobacco leaf.
https://ustr.gov/sites/default/files/TPP-Chapter-Summary-Exc...
--------------------------------------------------
Note added at 56 mins (2017-02-21 17:14:02 GMT)
--------------------------------------------------
Tobacco—A claim challenging a tobacco-control measure shall not be subject to the investor state dispute settlement (ISDS) procedures in TPP if a TPP partner country elects to deny that benefit to a claimant.
http://www.fb.org/files/TPP-Full-Report.pdf
--------------------------------------------------
Note added at 1 hr (2017-02-21 17:42:41 GMT)
--------------------------------------------------
Page 19
Finally, the only meaningful new ISDS safeguard or exception included in the final TPP text is a carve-out for tobacco-related public health measures that allows countries to elect to remove such policies from being subject to ISDS challenges, either in advance or once a policy is attacked. Thus, in these and other ways, the TPP unequivocally expands the power of corporations.
http://haasinstitute.berkeley.edu/sites/default/files/haasin...
A Party may elect to deny the benefits of Section B of Chapter 9 (Investment) with respect to claims challenging a tobacco control measure12 of the Party. Such a claim shall not be submitted to arbitration under Section B of Chapter 9 (Investment) if a Party has made such an election. If a Party has not elected to deny benefits with respect to such claims by the time of the submission of such a claim to arbitration under Section B of Chapter 9 (Investment), a Party may elect to deny benefits during the proceedings. For greater certainty, if a Party elects to deny benefits with respect to such claims, any such claim shall be dismissed.
https://www.mfat.govt.nz/assets/_securedfiles/Trans-Pacific-...
--------------------------------------------------
Note added at 49 mins (2017-02-21 17:06:41 GMT)
--------------------------------------------------
Tobacco Control Measures
Tobacco is a product that poses unique public health challenges, as is reflected
in each Party’s tobacco control regulations. In order to ensure that
each Party has the ability to regulate manufactured tobacco products and
protect public health, TPP, for the first time in any trade agreement, builds
on structures established in the agreement to give each Party the right to
decide that its tobacco control measures for manufactured tobacco products
cannot be challenged by private investors under Investor-State Dispute
Settlement (ISDS). Other provisions of the agreement, including state-tostate
dispute settlement procedures by governments, will continue to apply.
This provision does not apply to tobacco leaf; under TPP, U.S. tobacco farmers
will have enhanced opportunities to compete fairly in foreign markets by
the elimination of foreign tariffs on tobacco leaf.
https://ustr.gov/sites/default/files/TPP-Chapter-Summary-Exc...
--------------------------------------------------
Note added at 56 mins (2017-02-21 17:14:02 GMT)
--------------------------------------------------
Tobacco—A claim challenging a tobacco-control measure shall not be subject to the investor state dispute settlement (ISDS) procedures in TPP if a TPP partner country elects to deny that benefit to a claimant.
http://www.fb.org/files/TPP-Full-Report.pdf
--------------------------------------------------
Note added at 1 hr (2017-02-21 17:42:41 GMT)
--------------------------------------------------
Page 19
Finally, the only meaningful new ISDS safeguard or exception included in the final TPP text is a carve-out for tobacco-related public health measures that allows countries to elect to remove such policies from being subject to ISDS challenges, either in advance or once a policy is attacked. Thus, in these and other ways, the TPP unequivocally expands the power of corporations.
http://haasinstitute.berkeley.edu/sites/default/files/haasin...
Note from asker:
| Many thanks Helena! |
Something went wrong...