Welcome to our pages on WHO FCTC implementation and international investment law. The purpose of these pages is to provide WHO FCTC parties with a basic overview of the relationship between the WHO FCTC and international investment law, and the implications of investment law for WHO FCTC implementation.

Browse using the links below:

1. Why is international investment law relevant to WHO FCTC implementation?
2. Examples of tobacco industry use of international investment law to delay or weaken WHO FCTC implementation
3. Who and what does international investment law apply to? Defining foreign investors and foreign investments
4. Common arguments raised by the tobacco industry under international investment law and how to respond to them:
   • Expropriation (including of intellectual property/trademarks)
   • Fair and equitable treatment
   • Other relevant provisions
5. How investment dispute settlement works
6. Further resources

The content in this section is intended to support the needs of parties as identified in COP decisions FCTC/COP5(15), FCTC/COP6(18), FCTC/COP6(19), and FCTC/COP7(21).

Note that international investment law is a distinct body of law from international trade law. The same measure may be affected by both international trade law and international investment law. For information about the implications of international trade law for WHO FCTC implementation, including under relevant provisions of the WTO Agreements and select examples of regional trade agreements, go to our international trade law pages.

You can also read our latest updates on the WHO FCTC and international investment law.