International Economic Law and NCD Prevention

Transcription

1 International Economic Law and NCD Prevention Trade, Investment and the Regulation of Food and Alcohol June 2017 Melbourne Law School, The University of Melbourne, Australia

2 Contents Themes 3 Schedule 4 Abstracts - Tuesday 6 Abstracts - Wednesday 11 Biographies 16 Participants 38 Wifi and Venues 39 2

3 PAGE Themes TITLE In September 2015, the United Nations General Assembly adopted 17 global Sustainable Development Goals (SDGs) with 169 associated targets, pursuant to an agenda to be implemented by Improving effective, evidence-based regulation of food and alcohol within domestic, regional and international settings is important to achieving the SDGs. Goal 2 is End hunger, achieve food security and improved nutrition and promote sustainable agriculture. Goal 3 is Ensure healthy lives and promote well-being for all at all ages. These aspects of the SDGs build on the General Assembly s 2011 resolution identifying non-communicable diseases (NCDs) as a challenge of epidemic proportions, and noting that the most prominent NCDs are linked to common risk factors including tobacco use, harmful alcohol use, an unhealthy diet, and physical inactivity. In 2013, the World Health Assembly endorsed a global action plan to prevent and control NCDs to While significant progress has been made in Australia and internationally in addressing tobacco use, less attention has been paid to reducing the harms to public health arising from harmful use of alcohol and poor diet. These different approaches may be explained by the varying implications of tobacco, alcohol and unhealthy food from the perspectives of health, society, law, economics and politics. For example, unequivocal evidence shows that tobacco consumption and exposure to tobacco smoke cause death, disease and disability, leading to the creation of an international treaty governing tobacco control. In contrast, dietary guidelines continually change, and evidence concerning the impact of moderate alcohol consumption on health is still debated. The involvement of the food and alcoholic beverage industries in sponsoring and disseminating research further muddies the picture. Moreover, in Australia, the public health incentives for regulating food and alcohol may be offset to some extent by cultural norms and the importance of the agricultural industry (including wine) to the Australian economy. This workshop will examine the relationship between international economic law and the regulation of food and alcohol, exploring the interaction of domestic, regional and international frameworks of law, politics and policy. International trade and investment, as governed by international economic law, have the potential to contribute positively to global food security, and also to impact negatively on public health by contributing to the unhealthy consumption of food and alcohol. Measures regulating food and alcohol may face challenges under international trade and investment law. In order to pursue health objectives at the domestic and international levels, public health law and policy must therefore be developed with an understanding of international economic law. Conversely, international economic law requires an appreciation of domestic and international public health priorities and approaches. 3

4 Tuesday 13 June :00 9:30am 9:30 11:00am Registration and welcome: Jonathan Liberman and Tania Voon Food: consumption, harms and regulatory responses (CHAIR ANITA GEORGE) Professor Mark Lawrence (Deakin University) Nutrients, foods and diets: patterns of consumption and health outcomes Dr Gary Sacks (Deakin University, WHO Collaborating Centre for Obesity Prevention) Policy options for creating healthy food environments: how does Australia compare to international benchmarks? 11:00 11:30am 11:30am 1:00pm Morning tea Alcohol: consumption, harms and regulatory responses (CHAIR PAULA O BRIEN) Dr Michael Livingston (La Trobe University, Centre for Alcohol Policy Research) TBC 1:00 2:00pm 2:00 3:00pm Lunch Key actors in the global governance of food and alcohol NCD prevention: interests, rights and powers (CHAIR CHRISTINE PARKER) Prof Peter Miller (Deakin University, Faculty of Health) Global actors in alcohol control Dr Gyorgy Scrinis (University of Melbourne, Faculty of Veterinary Agricultural and Sciences) Big food and corporate power 3:00 3:30pm 3:30 4:30pm Afternoon tea International economic law and the role of industry in food and alcohol governance (CHAIR MARK JENNINGS) Dr Caroline Henckels (Monash University, Faculty of Law) Does international investment law oblige governments to consult industry stakeholders when developing new laws and policies? Ms Anita George (Mc Cabe Centre for Law and Cancer) Public and private standard-setting: implications for health-trade-investment governance 4:30-5:00pm Themes and further research: Jonathan Liberman 6:30 for 7:00pm Dinner Karagheusian Room, University House, Professors Walk, University of Melbourne 4

5 PAGE Wednesday TITLE 14 June :30 10:30am Packaging and labelling (CHAIR MARGARET YOUNG) Dr Anne Marie Thow (University of Sydney) and Ms Alexandra Jones (The George Institute for Global Health) Nutrition labelling and WTO law Ms Paula O Brien and Prof Andrew Mitchell (Melbourne Law School) Alcohol labelling and international economic law 10:30 11:00am 11:00am 12:00pm Morning tea Dietary guidelines and product reformulation (CHAIR ANDREW MITCHELL) Prof Christine Parker, Prof Tania Voon (Melbourne Law School) and Dr Hope Johnson (QUT Law) Dietary guidelines and international economic law Ms Jenny Kaldor (Sydney Law School) Product reformulation 12:00 1:00pm 1:00 2:00pm Lunch Marketing (CHAIR SUZANNE ZHOU) Dr Belinda Reeve (Sydney Law School) Marketing to children Prof Mark Davison (Monash University, Faculty of Law) Food and alcohol marketing with respect to international intellectual property 2:00 3:00pm Significance of international instruments and scientific evidence (CHAIR TANIA VOON) Mr Mark Jennings (International Law Consultant) Lessons from the international legal challenges to tobacco control measures of Australia and Uruguay Ms Suzanne Zhou (McCabe Centre for Law and Cancer) Fragmentation and coherence across international economic law and international instruments and processes for NCD prevention 3:00 3:30pm 3:30 4:15pm Afternoon tea Trade pacts and NCDs as a public health law research problem (CHAIR JONATHAN LIBERMAN) Prof Scott Burris (Temple University) 4:15 4:30pm Future work and recommendations: Jonathan Liberman 5

6 PAGE Abstracts TITLE - Tuesday 9:30-11:00am Food: consumption, harms and regulatory responses NUTRIENTS, FOODS AND DIETS: PATTERNS OF CONSUMPTION AND HEALTH OUTCOMES Mark Lawrence The Australian food supply is among the most abundant, diverse, safe and nutritious in the world. Yet, paradoxically dietary risk factors are the leading contributors to the national burden of disease. Dietary imbalances are the predominant cause. All age and gender groups are under-consuming the recommended number of serves for each of the nutritious 5 food groups and instead deriving 35% (adults) and 39% (children) of their dietary energy from discretionary (junk) foods. In this presentation I will outline the policy reference standards for nutrient consumption (Nutrient Reference Values), food consumption (Australian Guide to Healthy Eating) and diet consumption (Australian Dietary Guidelines). The recommended and actual patterns of consumption will be compared, health outcomes identified and implications for policy and practice discussed. POLICY OPTIONS FOR CREATING HEALTHY FOOD ENVIRONMENTS: HOW DOES AUSTRALIA COMPARE TO INTERNATIONAL BENCHMARKS Gary Sacks Addressing obesity and improving population diets requires a comprehensive government response across multiple levels of government and departments. There is expert consensus internationally on policy actions that are required to improve population nutrition and create healthier food environments. This presentation outlines this suite of policy options, including policies targeting specific aspects of food environments (such as food composition, labelling, promotion, prices and provision) that have been shown to have an important impact on population diets and obesity, and infrastructure support (including leadership, governance, monitoring and funding) that helps facilitate effective policy implementation. The presentation also identifies the extent to which each jurisdiction in Australia is implementing these globally recommended policies, with reference to international best practice. 6

7 PAGE TITLE 11:30am-1:00pm Alcohol: consumption, harms and regulatory responses Michael Livingston This paper will provide a broad overview of alcohol and public health in Australia. It will briefly summarise the epidemiological evidence linking alcohol to a range of health and social problems and then summarise the Australian situation. Trends and changes in consumption and harm will be outlined, including important recent developments like the ongoing decline in youth drinking and the growing evidence linking alcohol to cancer. Finally, the Australian policy landscape will be examined, with a broad historic overview, a summary of the current state of play and a focus on the key areas of importance for public health. 7

8 PAGE Abstracts TITLE - Tuesday 2:00-3:00pm Key actors in the global governance of food and alcohol NCD prevention: interests, rights and powers CORPORATE POLITICAL ACTIVITY AND DANGEROUS CONSUMPTIONS: HOW DO THE VESTED INTERESTS OF ALCOHOL, TOBACCO AND GAMBLING STEER OUR GOVERNMENTS AWAY FROM EVIDENCE-BASED PUBLIC HEALTH POLICY? Peter Miller A growing body of literature points to the role of vested interests as a barrier to the implementation of effective public health policies. Tobacco, alcohol, and gambling are major causes of illness and premature death globally. But the implementation of public health policies that are known to reduce harm are often delayed or stopped by industry groups who place private profits ahead of public health. It is important for policy makers to be able to critique alcohol industry claims opposed to improved alcohol marketing regulation. This talk provides information on the methods used by tobacco, alcohol and gambling industries to oppose public health interventions. Key tactics include: Front Groups, Astro-Turfing and social aspects and public relations organisations (SAPROs); Casting Doubt Over Science; Direct and Indirect Lobbying; Legal and Official Challenges; Media and Publicity Campaigns; Tax Arguments and Actions; Company Collaborations; Diversion Tactics; Intimidation, and; Policy substitution, development and implementation. The talk will describe an educational toolkit for researchers, policy makers, the media, and the broader public to prepare to counter the strategies used by these big industries. BIG FOOD AND CORPORATE POWER Gyorgy Scrinis In this paper I will present an overview of the products and activities of the world s largest transnational food manufacturing and fast-food corporations. These corporations have come under intense scrutiny for the contribution of their products to diet-related NCDs. This includes not only the poor nutritional quality of their products, but also their strategies for marketing and distributing their products, and for their political and sponsorship activities aimed at creating favourable policy, regulatory and scientific environments. I will focus on the strategies of these Big Food corporations for designing and marketing products in response to the new regulatory and market challenges they face, and their attempts to capture the nutritional and health agendas through the appropriation of nutritional knowledge and discourses. I also consider some of the strengths and limitations of recent policy responses in the form of taxes, labelling and marketing regulations. 8

9 PAGE TITLE 3:30-4:30pm International economic law and the role of industry in food and alcohol governance DOES INTERNATIONAL INVESTMENT LAW OBLIGE GOVERNMENTS TO CONSULT INDUSTRY STAKEHOLDERS WHEN DEVELOPING NEW LAWS AND POLICIES? Caroline Henckels Three recent decisions of international investment tribunals suggest that governments may be obliged to consult foreign investors in the course of developing new laws and policies. Although these decisions do not go so far as to say that there is a freestanding duty of consultation nor what this would require in practice, it seems that some arbitrators take the view that foreign investors ought to be consulted on new laws and policies affecting them and that a failure to do so could, in some circumstances, give rise to a duty to compensate the claimant. This obligation is said to arise from the fair and equitable treatment standard, a nebulous standard of investment protection which has, in some cases, been interpreted to place significant constraints on governmental regulatory autonomy. These recent decisions, if followed by future tribunals, have the potential to significantly expand due process rights: until recently, the obligation of due process in international investment law was understood to oblige governments to afford procedural fairness to investors only in the context of in individualised decision-making. Although there are sound instrumental and normative reasons for engaging in consultation with affected stakeholders prior to legislating or implementing a new policy, other legal systems generally do not give individuals justiciable due process rights in this context. While one cannot be certain how an investment tribunal will decide a given case where a failure to consult is alleged, engaging in consultation with stakeholders would be advisable from the perspective of minimizing legal risks. 9

10 Abstracts - Tuesday PUBLIC AND PRIVATE STANDARD-SETTING: IMPLICATIONS FOR HEALTH-TRADE-INVESTMENT GOVERNANCE Anita George The role of private sector actors in the development of public health policies, norms and standards has come under increasing scrutiny with the recent adoption of the Framework of Engagement of Non-State Actors (FENSA) by WHO Member States at the 69th World Health Assembly held in May The need to protect public health policy development from tobacco industry engagement, clearly established by Article 5.3 of the WHO Framework Convention on Tobacco Control and its guidelines, is explicitly acknowledged in the FENSA. However, in the absence of binding treaty obligations or clearly established norms in relation to engagement with the food and alcohol industries, questions arise as to the appropriate levels of engagement of these private sector actors in the development of relevant public health measures and the importance of regulatory coherence across NCD risk factors. The paper broadly examines the involvement of industry in the development of instruments, norms and standards pertinent to NCD risk factor regulation, specifically the regulation of diet and the harmful use of alcohol. The paper focuses on the tension between exercising caution and managing risks of conflict of interest in policy development and the obligation arising out of international and regional trade and investment agreements to consult with affected private sector industries in the regulatory process. The paper also considers to what extent, if any, considerations of private sector engagement in the development of public health instruments, norms and standards should affect the weight attributed to these instruments in the context of challenges under the dispute settlement system of the World Trade Organization ( WTO ) or under Investor-State dispute settlement. 10

11 PAGE Abstracts TITLE - Wednesday 9:30-10:30am Packaging and labelling TRADE POLICY AND INTERPRETIVE NUTRITION LABELLING LESSONS AND FUTURE DIRECTIONS Anne Marie Thow and Alexandra Jones Interpretive nutrition labels provide simplified nutrient-specific text and/or symbols on the front of prepackaged foods, to encourage and enable consumers to make healthier choices. This type of labelling has been proposed as part of a comprehensive policy response to the global epidemic of non-communicable diseases. However, nutrition labelling is a trade issue, as it places requirements on traded goods. Specific Trade Concerns have been raised at the World Trade Organization s Technical Barriers to Trade Committee regarding interpretive nutrition labelling initiatives in Thailand, Chile, Indonesia, Peru and Ecuador. A key policy/legal issue relating to technical measures is the role of international standards: currently interpretive nutrition labelling is uner discussion at the Codex Alimentarius, the international standards setting body relevant to food. This presentation will present an analysis of specific trade concerns raised at the WTO regarding interpretive nutrition labelling, and consider the implications of the concerns raised for informing nutrition policy making. It will also include a political economy analysis of nutrition labelling and trade, in the context of ongoing discussions at Codex Alimentarius, and identify opportunities to strengthen public health policy engagement. ALCOHOL LABELLING AND INTERNATIONAL ECONOMIC LAW Paula O Brien and Andrew Mitchell The labelling of alcoholic beverages with health information, including warnings, standard drinks information, nutrition data, and ingredients lists, is considered an important public health strategy to reduce the harms associated with the consumption of alcohol. However, the alcohol industry and major exporting countries are largely resistant to calls for health information to be added to the labels of alcoholic beverages. International economic law potentially provides a basis for challenges to such labelling laws. In this paper, we consider the implications of the WTO Agreements (in particular, GATT 1994, TBT Agreement, TRIPs) and international investment law for alcohol labelling laws. We also survey the ways in which the major alcohol exporting countries have sought additional protection against the impact of labelling laws in recent regional trade and investment agreements. 11

12 Abstracts - Wednesday 11:00am-12:00pm Dietary guidelines and product reformulation SUSTAINABLE FOOD CHOICES, DIETARY GUIDELINES AND INTERNATIONAL ECONOMIC LAW Christine Parker, Tania Voon and Hope Johnson Most stakeholders agree that a healthy diet is generally a sustainable diet. A large body of work has explored the interconnections between public health nutrition and environmental issues stemming from food systems. Accordingly, scholars and regulatory actors at domestic and international levels have been examining and developing policy responses that simultaneously address nutrition and environmental sustainability to harness common causes and solutions. In that context, national and international progress is being made towards more holistic dietary guidelines, integrating the traditional food pyramid -type approach with broader recommendations regarding a range of food and diet related policy and implementing regulations. These developments raise potential concerns under international trade law and international investment law, for example to the extent that such guidelines promote local products as a means of supporting both environmental and health aspects of sustainable development. Drawing lessons from the WHO Framework Convention on Tobacco Control and its relevance to recent disputes in international economic law, this article examines the role of international instruments in supporting domestic dietary guidelines that could be challenged in the dispute settlement system of the World Trade Organization ( WTO ) or under investor-state dispute settlement. The paper includes an assessment of the identification and significance of international standards in various WTO agreements and the potential evidentiary impact of a World Health Organization treaty on healthy and sustainable diets in interpreting and applying key trade and investment provisions. MANDATORY FOOD REFORMULATION FOR NCD PREVENTION: WHAT ARE THE CONSIDERATIONS UNDER INTERNATIONAL TRADE LAW? Jenny Kaldor In the context of NCD prevention, reformulation means reducing the salt, sugar, fat, or overall calorie content of processed foods. Reformulation can be voluntary (i.e. industry-led) or mandatory (i.e. government-led), or can fall somewhere in between (e.g. quasi-regulatory schemes). The past decade has seen increasing interest in, and use of, all of these modes. For countries seeking to implement or encourage food reformulation, each regulatory mode presents certain benefits and drawbacks. Voluntary reformulation is less likely to present a technical barrier to trade, but is criticised for being ineffective, and open to industry capture. On the other hand, there is evidence that mandatory reformulation is effective but requires justification under international trade law. Using a public health law framework, this paper will compare voluntary, mandatory and quasi-regulatory approaches to food reformulation, with a focus on the relative effectiveness, acceptability, and feasibility of each. The aim of the paper will be to focus discussion on the most effective arguments for justifying mandatory reformulation under international trade law. 12

13 PAGE TITLE 1:00-2:00pm Marketing THE REGULATION OF FOOD AND ALCOHOL MARKETING TO YOUNG PEOPLE IN AUSTRALIA Belinda Reeve In Australia, the regulation of food and alcohol marketing to young people takes place primarily through industrybased initiatives, operating against a backdrop of law and regulation related to advertising more generally. The food industry has developed two self-regulatory codes on the marketing of unhealthy products to children, while the alcohol industry regulates alcoholic beverage advertising through the ABAC Responsible Alcohol Marketing Code (and accompanying administrative and enforcement mechanisms) which the industry claims is quasi-regulatory. Both the food and alcohol industry s schemes have been subject to significant criticism by public health advocates for failing to adequately protect young people from exposure to alcoholic beverage and unhealthy food promotions. This presentation explores the strengths and weaknesses of the regulation of food and alcohol advertising in Australia. More specifically, it examines whether the industries schemes establish the building blocks of an effective regulatory regime, drawing upon literature from the disciplines of regulatory studies and public health to create a framework for evaluation. The presentation focuses on the substantive terms and conditions of the food and alcohol industry s codes, and the processes used to administer, monitor, enforce and review these initiatives. Finally, it proposes ways in which each scheme could be strengthened so as to better protect children from exposure to marketing for alcoholic beverages and unhealthy food products. FOOD AND ALCOHOL MARKETING WITH RESPECT TO INTERNATIONAL INTELLECTUAL PROPERTY Mark Davison Various trademark owners, trademark organisations such as INTA, and nations with an interest in the use of trademarks and geographical indications for products produced in those nations have expressed views, either via international litigation or more informally, about the restrictions imposed by international law on governments that in turn seek to restrict the marketing of various goods that are considered to have adverse public health effects. The accuracy of those views will only be known with some definitiveness when the current WTO dispute surrounding plain packaging of tobacco products is finalised. In the meantime, some observations may be made about definite restrictions imposed by relatively bright line obligations such as that of national treatment. In more contentious areas of international law, some observations can be made in the light of recent developments about the likely extent to which the outcomes of debates about restrictions on marketing might be taken out of the arena of the domestic politics and discretion of individual nations and the outcomes will be dictated by international law obligations. 13

14 Abstracts - Wednesday 2:00-3:00pm Significance of international instruments and scientific evidence SCIENTIFIC EVIDENCE IN THE INTERNATIONAL LEGAL CHALLENGES TO TOBACCO CONTROL MEASURES ADOPTED BY AUSTRALIA AND URUGUAY: LESSONS FOR FUTURE DISPUTES Mark Jennings The paper will address the use of scientific evidence in the investor-state disputes brought by Philip Morris in relation to tobacco control measures implemented by Australia and Uruguay and the World Trade Organization disputes brought against Australia in relation to the plain packaging of tobacco products. The paper will examine the legal framework within which scientific evidence was deployed in these disputes; the role of investor-state tribunals and WTO panels in dealing with scientific evidence; the scientific evidence submitted by the parties; and the use of expert opinion by the parties. The paper will then seek to identify lessons concerning the use of scientific evidence in the disputes which other countries may take into account in defending tobacco control or other public health measures before international tribunals. FRAGMENTATION AND COHERENCE ACROSS INTERNATIONAL ECONOMIC LAW AND INTERNATIONAL INSTRUMENTS AND PROCESSES FOR NCD PREVENTION Suzanne Zhou Global instruments for the prevention and control of non-communicable diseases recognise the importance of non-health sectors, including those relating to trade, investment, intellectual property, justice, fiscal policy, agriculture, urban planning, education, the environment, and human rights, to the achievement of healthrelated goals and targets. At the same time, there is now a significant body of international law and institutional practices that affect health that is situated outside health institutions. This fragmentation of international law as it relates to health raises a number of questions about who sets policies that impact on health, which normative values should guide such processes, and howto ensure multisectoral coordination and policy coherence across different international regimes. This paper will examine the potential and limitations of international legal rules on treaty interpretation and dispute settlement for ensuring coherence across health, international economic law, and other processes relevant to NCD prevention. It will consider entry points for public health in trade and investment adjudication, as well as assess existing examples of where health bodies have attempted to shape non-health processes that impact on health. Finally, it will examine the relevance of form and institutional structure to the possibility of inter-regime dialogue, with a particular focus on the relevance of the use of non-binding instruments in food and alcohol governance as compared to the treaty-based regime that prevails in tobacco. 14

15 PAGE TITLE 3:30-4:15pm Trade pacts and NCDs as a public health law research problem Scott Burris International trade agreements are a powerful tool for shaping domestic policy in the control of noncommunicable diseases. In this area of health, as in most others, law plays an important role as a tool of intervention, as a force shaping health behaviors and environments and as a means of defining the authority of health agencies. The empirical evidence as to laws past and likely future effects is a key element of the policy making process. Attending to the evidence is a cardinal principle in public health, while invocation of evidence is a staple of advocacy. This paper brings together nodal governance and public health law research tools to consider the production and use of evidence in the process of promoting international trade frameworks that do not constrain states from adopting policies to control non-communicable diseases. 15

16 Biographies Professor Scott Burris Temple University Scott Burris, J.D., is a Professor of Law at Temple Law School, where he directs the Center for Health Law, Policy and Practice, and the Robert Wood Johnson Foundation s Research on Policy and Law program. He is also a Professor in Temple s School of Public Health. Burris began his career in public health law during the early days of the HIV/AIDS epidemic. He was the editor of the first systematic legal analysis of HIV in the United States, AIDS and the Law: A Guide for the Public (Yale University Press, 1987; New Guide for the Public published 1993), and spent several years lobbying and litigating on behalf of people with HIV as an attorney at the American Civil Liberties Union. Since joining the Temple faculty in 1991, his research has focused on how law influences public health and health behavior. In 2009, he founded the Public Health Law Research Program for the Robert Wood Johnson Foundation, which has supported over 80 empirical studies of the impact of law on health, as well as LawAtlas, an innovative policy surveillance portal, and a comprehensive resource on scientific health law research methods. He is the author of over 125 books, book chapters, articles and reports on issues including discrimination against people with HIV and other disabilities; HIV policy; research ethics; and the health effects of criminal law and drug policy. He has been particularly interested in developing theory and methods aimed at promoting effective local health governance. His work has been supported by organizations including the Robert Wood Johnson Foundation, the Open Society Institute, the National Institutes of Health and the Centers for Disease Control and Prevention. He has served as a consultant on public health law with organizations ranging from the United Nations Development Programme and World Health Organization to the Institute of Medicine and the producers of the Oscar-winning film Philadelphia. He is affiliated with the Center for Interdisciplinary Research on AIDS at Yale, and serves as an advisor to the Tsinghua University AIDS Institute, the Shanghai Academy of Social Sciences Research Center for HIV/AIDS Public Policy and the Program in Bioethics at Monash University. Burris is a graduate of Washington University in St. Louis and the Yale Law School. 16

17 Professor Mark Davison Monash University, Faculty of Law Mark Davison is the author of several major works relating to intellectual property and competition law and is a special counsel with Knightsbridge Lawyers. He has written The Legal Protection of Databases, a book published by Cambridge University Press and is the first author of all editions of Shanahan s Australian Law of Trade Mark and Passing Off published since the Trade Marks Act 1995(Cth) came into effect. He is a co-author of the three editions of Australian Intellectual Property Law, published by Cambridge University Press. He has co-authored The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights: A Commentary published by Edward Elgar. He has also published two casebooks dealing with competition law and aspects of consumer protection and is co-author of the 4th and 5th editions of Intellectual Property: Cases, Materials and Commentary published by Lexis Nexis. He has been a Chief Investigator on 5 Australian Research Council grants and won the Vice-Chancellor s Award for Distinguished Teaching at Monash University. He has taught in a number of overseas programs to judges and other government officials. He was a member of the Advisory Council on Intellectual Property from 2013 until 2015, a Member of the Commonwealth Department of Health s Expert Advisory Group on Plain Packaging of Tobacco Products and has been a member of the Intellectual Property Committee of the Law Council of Australia for some years. In addition to private legal work relating to various intellectual property disputes, he has provided formal and informal advice to governments and non-government organisations in relation to international and national disputes concerning tobacco regulation. 17

18 Ms Anita George McCabe Centre for Law and Cancer Anita George is a senior legal policy advisor at the McCabe Centre for Law and Cancer, a joint initiative of Cancer Council Victoria and the Union for International Cancer Control. Anita s work focuses on the interrelationship between public health, international trade and international investment law and the prevention of cancer/non-communicable disease risk factors through legal and other regulatory measures. Prior to joining the McCabe Centre, Anita practised as a lawyer with King & Wood Mallesons, Victoria Legal Aid and the Mental Health Legal Centre. She was awarded a General Sir John Monash Foundation Scholarship to complete a Masters of Public Affairs (Summa Cum Laude) at Sciences Po Paris and also holds a diploma in Law and Strategy in humanitarian action, health, emergency and development from University Paris 8. 18

19 Dr Caroline Henckels Monash University, Faculty of Law Dr Caroline Henckels is a Senior Lecturer in the Faculty of Law at Monash University. Caroline researches at the intersection of public international law and public law, with a focus on international investment law and WTO law. Her recent publications include Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (CUP, 2015) and Non Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law (Edward Elgar, 2016, with Andrew Mitchell and David Heaton). Before joining Monash, Caroline was a Vice-Chancellor s Postdoctoral Research Fellow in Law at the University of New South Wales. She has taught law at the University of Cambridge and the University of Melbourne, and has acted as consultant to the McCabe Centre for Law and Cancer and the Human Rights Law Centre. She is an Associate Editor of the Journal of World Investment and Trade and serves as peer reviewer for several academic journals and for the United Nations Conference on Trade and Development. Caroline is admitted to practice law in Victoria and in New Zealand. 19

20 Mr Mark Jennings International Law Consultant I graduated from the University of Queensland in 1982 with degrees in Arts and Law (Hons). I joined the Department of Foreign Affairs in1983. I was admitted as a barrister (New South Wales) in I transferred to the Attorney-General s Department in 1992, leaving the Department in I now work as an international law consultant and Senior Advisor to the International Trade Group of MinterEllison. While with the Attorney-General s Department, I worked on many major international law matters, including dispute settlement in the World Trade Organization (WTO). I was a member of the legal teams representing Australia in the US Lamb, US Offset Act (Byrd Amendment), EC Export Subsidies on Sugar and the Australia Apples Cases. I also coordinated the submission by the Australian Government of amicus curiae briefs to federal courts, including the Supreme Court, in the United States. I led the task-force in the Attorney-General s Department coordinating the defence of Australia s introduction of plain packaging for tobacco products in an arbitration commenced under Australia s bilateral investment agreement with Hong Kong. I also worked with the Department of Foreign Affairs and Trade in the defence of the tobacco plain packaging measure in disputes brought in the WTO. 20

21 Dr Hope Johnson Queensland University of Technology Hope has several years of research experience concerning international food and agricultural law and policy. Her research interests include international trade and investment law, agroecology, climate-smart agriculture, technology and innovation in the agricultural space, environmental law, food security and food sovereignty, land use policy, the regulation of food consumption, and human rights in relation to food, health and agriculture.she is currently working on publishing a book based on her PhD research, as well as conducting research for a range of projects in her area. 21

22 Ms Alexandra Jones The George Institute for Global Health Alexandra Jones is a lawyer leading the Food Policy Division s program on regulatory strategies to prevent dietrelated disease, with collaborators at the University of Sydney s Faculty of Law, Charles Perkins Centre and Menzies Centre for Health Policy. Alexandra s current research interests include Australia s interpretive front-of-pack Health Star Rating system, mandatory salt standards, government-led programs for reformulation of processed foods, and regulation of sugar-sweetened beverages. Alexandra has previously worked on global tobacco control, and in health and human rights. Her primary interest is in the use of domestic and international law as a policy tool for prevention and control of non-communicable diseases. Ali holds a Masters of Global Health Law from Georgetown Law (Washington, D.C. USA), and a BA/ LLB from the University of Sydney. Ali is currently undertaking a Ph.D. exploring nutrition labelling regulation worldwide. 22

23 Ms Jenny Kaldor Sydney Law School Jenny Kaldor has worked as a regulatory and commercial lawyer, and has a Masters in Food Policy from City University London. Her research interests broadly relate to the interface between food and the law, and in particular to the use of legal and regulatory strategies to prevent diet-related disease. She is currently completing a PhD in law at the University of Sydney, which is a close study of mandatory nutrient limits. Jenny has taught health law at UNSW and at the University of Tasmania, and in 2014 served as the Rapporteur for a WHO consultation on obesity, overweight and diabetes in the Western Pacific Region. She is currently working as a technical writer/ editor on the forthcoming Report of the Lancet-O Neill Institute Commission on Global Health and the Law. 23

24 Professor Mark Lawrence Deakin University Mark is a Professor of Public Health Nutrition at Deakin University. He has 33 years experience working as a practitioner and academic in food policy at local, state, national and international levels. Mark s research interests focus on analysing the science and politics of evidence use in nutrition policy-making, particularly in relation to Dietary Guidelines, Nutrient Reference Values and food regulation. He is leading a transdisciplinary research team, funded by an ARC Linkage grant, analysing policy interventions to promote healthy and sustainable food systems. Mark is an external resource person to the World Health Organization s Nutrition Guidance Expert Advisory Group and Chairs the Advisory Board for the Cochrane Nutrition Field. He is a member of the Department of Health s Advisory Committee for the review of the Nutrient Reference Values, and is a member of the FSANZ Consumer and Public Health Dialogue. He is also a member of the NHMRC s Synthesis and Translation of Research Evidence committee and a former member of the NHMRC s Dietary Guidelines Working Committee. 24

25 Mr Jonathan Liberman McCabe Centre for Law and Cancer Jonathan Liberman is Director of the McCabe Centre for Law and Cancer, a joint initiative of Cancer Council Victoria (CCV) and the Union for International Cancer Control, based at CCV in Melbourne, Australia. The McCabe Centre s mission is to contribute to the effective use of law for cancer prevention, treatment, supportive care and research globally. Jonathan is a lawyer with over fifteen years experience in legal and policy research, advice, training, capacity building and technical support relating to cancer / NCD prevention and control at both domestic and global levels. Under Jonathan s leadership, the McCabe Centre has become a WHO Framework Convention on Tobacco Control Knowledge Hub, and established an international legal training program that builds capacity and expertise in the use of law for cancer / NCD prevention and control, particularly in the context of developing coherence between health, trade, investment, human rights and sustainable development. Jonathan has degrees in Arts and Law (first class honours) and a Master of Public and International Law. He is a Senior Fellow of the Melbourne Law School and a member of the Lancet Oncology Commission on Global Cancer Surgery. 25

26 Dr Michael Livingston La Trobe University, Centre for Alcohol Policy Research Michael Livingston is one of Australia s leading alcohol policy researchers, with a strong track record of publication, grant success and a commitment to translating research into real policy outcomes. He leads the quantitative research group within CAPR and his work examines trends and patterns in alcohol consumption and harm and the impact of alcohol policies. He has undergraduate qualifications in statistics and criminology, a PhD in population health. 26

27 Professor Peter Miller Deakin University, Faculty of Health Peter Miller is a Professor of Violence Prevention and Addiction Studies at the School of Psychology, Deakin University. His research interests include: Alcohol and Drug-related violence; predictors of violence (including family and domestic violence), and Corporate Political Activity of alcohol and dangerous consumptions industries. Peter has recently completed three of the largest studies ever conducted into licensed venues, comparing 10 Australian cities over 3 years and talking to more than 22,000 patrons. He has published over 150 journal articles, books and peer-reviewed reports and is currently running an international project on the mechanisms of influence used by the Alcohol and Gambling industries within Government policy making processes. He was also presented the Excellence in Research Award at the 2013 Australian National Drug and Alcohol Awards. 27

28 Professor Andrew Mitchell Melbourne Law School Andrew is Professor at Melbourne Law School, Director of the Global Economic Law Network, a member of the Indicative List of Panelists to hear WTO disputes, and a member of the Energy Charter Roster of Panelists. He has previously practised law with Allens Arthur Robinson (now Allens Linklaters) and consults for States, international organisations and the private sector. Andrew is the recipient of three major current grants from the Australian Research Council and the Australian National Preventive Health Agency. He has published approximately 100 academic books and journal articles and is a Series Editor of the Oxford University Press International Economic Law Series, an Editorial Board Member of the Journal of International Economic Law and a General Editor on the Journal of International Dispute Settlement. He has law degrees from Melbourne, Harvard and Cambridge and is a Barrister and Solicitor of the Supreme Court of Victoria. Andrew also consults for the private sector and international organisations. For example, he has been engaged by Telstra for a research project on trade and telecommunications issues and by the World Health Organization to advise on issues concerning the Framework Convention on Tobacco Control. 28

29 Ms Paula O Brien Melbourne Law School Paula O Brien is a Senior Lecturer at Melbourne Law School. She has a BA/ LLB from The University of Melbourne and an LLM from the University of Cambridge, specialising in international law. Paula researches in the area of health law and public interest law. Her current doctoral research is on alcohol regulation, including the labelling, advertising, pricing and licensing of alcohol as a global commodity. She has also recently published on the international right to health and the phenomenon of privatisation, the global shortage of health workers and its implications for the fulfilment of the right to health, and access to health care for migrant workers and their families in Australia. 29

30 Professor Christine Parker Melbourne Law School Professor Christine Parker joined Melbourne Law School again in February 2015 after several years away. She has previously held positions at Griffith University, University of New South Wales, the Australian National University and Monash University. She holds a BA (Hons) and LLB (Hons) from The University of Queensland and a PhD from the Australian National University. Professor Parker has written, researched and consulted widely on how and why business comply with legal, social and environmental responsibilities, what difference regulatory enforcement makes and how businesses can work with lawyers and compliance professionals to build internal corporate social responsibility systems that work. Her work has been published in academic journals and used in policy making and enforcement strategy. Her books include The Open Corporation (2002) on corporate social responsibility, business compliance systems and democratic accountability of companies; and Explaining Compliance(2011, with Vibeke Nielsen), an edited collection of the leading practice and policy oriented empirical research on how and why businesses do and do not comply with the law. 30

31 Dr Belinda Reeve Sydney Law School Belinda Reeve is a Lecturer at Sydney Law School, at the University of Sydney, and Co-convener of the Food Governance Node at the Charles Perkins Centre. She teaches in the areas of Torts, Regulation, and Health Law. Her research focuses on the intersections between law, regulation, and non-communicable disease prevention, and she has published extensively in this area, as well as on other topics in the field of public health law, including injury prevention. Her current research focuses on the role of law and regulation in creating a healthier food environment, with a particular focus on local-level action by communities, civil society, and governments. 31

32 Dr Gary Sacks Deakin University, WHO Collaborating Centre for Obesity Prevention Gary Sacks is a Senior Research Fellow at the Global Obesity Centre at Deakin University. Gary s research focuses on policies for the prevention of obesity and related non-communicable diseases (NCDs). Gary was recently awarded an Australian Research Council (ARC) Discovery Early Career Research Award (DECRA) ( ) to conduct research into improving food policy in Australia. His research has been included as part of The Lancet Series on Obesity in 2011 and 2015, and the ACE-Prevention study, which examined the cost-effectiveness of over 100 interventions for disease prevention in Australia. Gary has also co-authored several reports for the World Health Organization. Gary co-founded INFORMAS (International Network for Food and Obesity/NCDs Research, Monitoring and Action Support), a global network of public-interest non-government organisations and researchers that aims to monitor, evaluate and support public and private sector actions to improve food environments and reduce obesity and NCDs. 32

33 Dr Gyorgy Scrinis University of Melbourne, Faculty of Veterinary and Agricultural Sciences Dr Gyorgy Scrinis is Senior Lecturer in Food Politics and Policy in the School of Agriculture and Food, Faculty of Veterinary and Agricultural Sciences at the University of Melbourne, Australia. His research has examined the politics, philosophy and policy dimensions of food and nutrition, with a focus on nutrition science, dietary advice, functional foods, food labelling, animal welfare regulations, agricultural technologies and corporate power. He is the author of Nutritionism: The Science and Politics of Dietary Advice (Columbia University Press, 2013). 33

34 Dr Anne Marie Thow University of Sydney Dr Anne Marie Thow is Senior Lecturer in Health Policy at the University of Sydney, and has been working on nutrition policy in academia and government for over 10 years. Her research uses theories of public policy making to explore facilitators and barriers to best practice public health nutrition policy, with a particular focus on the interface between economic policy and nutrition. Anne Marie currently collaborates on policy analysis research in Asia, Africa and the Pacific, designed to strengthen nutrition policy making. 34

35 Professor Tania Voon Melbourne Law School Tania Voon is Professor at Melbourne Law School and was Associate Dean (Research) from She is a former Legal Officer of the WTO Appellate Body Secretariat and has previously practised law with King & Wood Mallesons and the Australian Government Solicitor and taught law at Georgetown University, the University of Western Ontario, the University of British Columbia, and several Australian universities. Tania undertook her LLM at Harvard Law School and her PhD at the University of Cambridge. She is the author of Cultural Products and the World Trade Organization (Cambridge University Press, 2007), editor of Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement (Edward Elgar, 2013), and series editor of the International Economic Law Series of Oxford University Press. Tania is a member of the Roster of Panelists for the Energy Charter Treaty and of the Indicative List of Governmental and Non-Governmental Panelists for resolving WTO disputes. She has provided expert advice and training to the Australian Department of Foreign Affairs and Trade, the WTO, the World Health Organization, Telstra, and the McCabe Centre for Law and Cancer. She has been Senior Emile Noël Fellow at the Jean Monnet Center, NYU Law (2014), Visiting Fellow at PluriCourts, University of Oslo (2015), and Visiting Fellow at the University of Cambridge (2016). 35

36 Associate Professor Margaret Young Melbourne Law School Associate Professor Margaret Young (PhD, LLM (Cambridge), LLB, BA (Hons) (Melbourne)) joined Melbourne Law School in 2009 and researches and teaches in the fields of public international law, international trade law, climate change law and the law of the sea. She was previously the William Charnley Research Fellow in Public International Law at Pembroke College and the Lauterpacht Centre for International Law, University of Cambridge, where she also lectured in Cambridge s LLM course on WTO law. She has worked at the World Trade Organisation (Appellate Body Secretariat) and the United Nations International Law Commission, is a former associate to the Chief Justice of the Federal Court of Australia, and has practised as a solicitor at a major Australian national law firm. She is the author of Trading Fish, Saving Fish: The Interaction between Regimes in International Law (Cambridge University Press, 2011), which was awarded the International Union for Conservation of Nature (IUCN) Academy of Environmental Law Junior Scholar Prize in 2012 and the University of Melbourne Woodward Medal in Humanities and Social Sciences in Her edited collection Regime Interaction in International Law: Facing Fragmentation (Cambridge University Press, 2012) includes contributions from leading international, comparative and constitutional law scholars and is based on the conference she convened at the University of Cambridge in 2009 on Regime Interaction in International Law: Theoretical and Practical Challenges. Dr Young holds a PhD and an LLM from the University of Cambridge and a BA/LLB (Hons) from the University of Melbourne and has been a Visiting Scholar at Columbia Law School. Her graduate studies were supported by a number of awards, including the Gates Scholarship, the Commonwealth Scholarship and a scholarship from the Modern Law Review. Dr Young currently serves as an expert for the E15 Initiative convened by the International Centre for Trade and Sustainable Development and the World Economic Forum. In 2016, she was the Director of Studies for public international law at the Hague Academy of International Law. 36

37 Ms Suzanne Zhou McCabe Centre for Law and Cancer Suzanne Zhou is a legal research officer at the McCabe Centre for Law and Cancer. Her work focuses on NCD prevention and international trade and investment law; challenges to implementation of the WHO Framework Convention on Tobacco Control in domestic courts; and access to cancer treatment, including availability of controlled medicines for cancer pain relief and palliative care. Prior to joining the McCabe Centre, Suzanne was based at Lawyers Collective, a New Delhi-based human rights organization focusing on strategic litigation in HIV/AIDS, where she worked as a research officer supporting the mandate of Anand Grover as the UN Special Rapporteur on the right to health and ran a project to develop a database of comparative health and human rights jurisprudence. Suzanne has also worked as a lawyer in the state government of Victoria, Australia. She holds a LLM in international law from University of Cambridge and degrees in law and music from the University of Melbourne, all with first-class honours. 37

38 Participants Dr Phil Baker Ms Kathryn Bloom Ms Daiana Buresova Professor Scott Burris Professor Mark Davison Ms Kelly Garton Ms Anita George Dr Deborah Gleeson Dr Caroline Henckels Ms Sarah Jackson Mr Mark Jennings Dr Hope Johnson Ms Alexandra Jones Ms Jenny Kaldor Professor Mark Lawrence Mr Jonathan Liberman Dr Michael Livingston Professor Ian Malkin Ms Jacky Mandelbaum Professor Peter Miller Professor Andrew Mitchell Ms Paula O Brien Professor Christine Parker Dr Belinda Reeve Dr Gary Sacks Dr Gyorgy Scrinis Dr Ashley Schram Ms Clare Slattery Dr Anne Marie Thow Professor Tania Voon Associate Professor Margaret Young Ms Suzanne Zhou Deakin University, Faculty of Health Cancer Council Victoria McCabe Centre for Law and Cancer Temple University Monash University, Faculty of Law University of Auckland McCabe Centre for Law and Cancer La Trobe University Monash University, Faculty of Law Cancer Council Victoria International Law Consultant Queensland University of Technology The George Institute for Global Health Sydney Law School Deakin University McCabe Centre for Law and Cancer La Trobe University, Centre for Alcohol Policy Research Melbourne Law School Cancer Council Victoria Deakin University, Faculty of Health Melbourne Law School Melbourne Law School Melbourne Law School Sydney Law School Deakin University, WHO Collaborating Centre for Obesity Prevention University of Melbourne, Faculty of Veterinary and Agricultural Sciences RegNet, Australian National University McCabe Centre for Law and Cancer University of Sydney Melbourne Law School Melbourne Law School McCabe Centre for Law and Cancer 38

39 PAGE Wifi and TITLE Venue SSID: iecolaw Password: $s2usu Tuesday dinner Conference 39