Navigating Trade Challenge at the World Trade Organization to Prevent Non-Communicable Diseases and Promote Better Health for All

The UK government is considering a range of policies to address non-communicable diseases (NCDs) such as obesity, diabetes and heart disease. These policies involve regulating the food, tobacco, and alcohol industries. This is in line with international efforts to prevent NCDs, recently confirmed in a record number of commitments at the 75th World Health Assembly this year. These policies are likely to be raised for discussion by other governments at the World Trade Organization (WTO). The WTO contains a detailed set of rules for how governments can regulate goods, and has a dedicated body to discuss these matters: the Technical Barriers to Trade (TBT) Committee. WTO law allows governments to regulate to protect public health but this is not an unconditional right and where there is a real or perceived doubt, legitimate policies may be challenged by other governments. Existing research has shown the influence of the TBT Committee in encouraging countries to weaken, abandon, or delay the implementation of public health policies. The proposed research will assess how NCD prevention policies are appraised at the WTO TBT Committee, with a particular emphasis on how evidence submitted by regulating governments is treated. In Phase 1, we will identify and draw a typology of all NCD prevention policies contested by WTO members from 1995 to 2022. We will identify the actors involved, analyse the arguments raised, and determine whether the policies were ultimately implemented. This analysis will go beyond examples already identified within the existing literature, drawing on evidence from outside the WTO to supplement the analysis where necessary. In Phase 2, we will refine the findings of Phase 1, focusing on specific case studies, and conduct in-depth interviews with actors involved in navigating discussions at the TBT Committee. We will determine the key issues raised at the Committee and identify lessons learnt from when governments have been successful or unsuccessful in defending their policies. Our multi-disciplinary team will draw on expertise in trade law, political economy, public policy, food environments, and health policy to provide novel, cost-effective insights into the appraisal of NCD prevention policies at the WTO. All members of the core research team have extensive experience and an established track record of policy-relevant research and capacity building, and are further support by a network of highly-qualified Research Associates, as well as an experienced and diverse Advisory Board. As the largest study of its kind, this project will produce rich data and innovative insights which will be disseminated through the publication of academic outputs to support further research in the field. It will distil its findings into policy-oriented outputs to provide clear advice for governments (including the UK) on how best to navigate opposition at the TBT Committee, and for civil society to support these efforts. Bespoke training for officials and civil society will be designed and delivered to embed these insights in their practice. The importance of the findings extend beyond the UK, providing insights for other governments intending to develop and defend NCD prevention policies.