This article describes how states which have committed to the right to health in international human rights law are obligated to take measures to respect and fulfill this right for their citizens, including measures to protect against the harm to health caused by tobacco. It also reaffirms the duality of both international trade and investment law, and international human rights law. Yet challenges are faced in controlling tobacco production and sale, despite the WHO Framework Convention on Tobacco Control. Recent cases are reviewed wherein health and economic norms embodied in trade and investment rules have intersected.
Keywords: Australia; FCTC; ISDS; Uruguay.