International Investment Regime, Tobacco Control and Regulatory Chill: Case Studies in the post-Soviet space

Vytiaganets, Oleksandra (2022) International Investment Regime, Tobacco Control and Regulatory Chill: Case Studies in the post-Soviet space. Doctoral thesis, Birmingham City University.

Oleksandra Vytiaganets PhD Thesis published_Final version_Submitted May 2021_Final Award Mar 2022.pdf - Accepted Version

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The project engages with the regulatory chill hypothesis which suggests that countries might refrain from regulating in the public interest because of a perceived or imminent threat of investor-State arbitration. It utilises quantitative and qualitative tools within three case studies to test the regulatory chill expectations in the context of tobacco legislation in the five former Soviet countries: Armenia, Azerbaijan, Belarus, Georgia and Ukraine (post-Soviet States). The thesis develops a bespoke methodology, deconstructs the concept of regulatory chill and presents novel empirical findings on the intersection between tobacco legislation and international investment agreements (IIAs). The findings reveal that despite the high level of tobacco-related illnesses, the post-Soviet States are yet to implement the WHO Framework Convention on Tobacco Control (FCTC), setting out specific regulatory requirements compulsory for the post-Soviet States. At the same time, it finds no direct evidence of regulatory chill (even though acknowledging that some evidence may not be available in the public domain). Instead, it finds that the regulatory development is likely to be mainly stalled by government concerns on the economic implications of legislation, such as capital flight, loss of jobs and budget revenues.

The powerful tobacco lobby in the post-Soviet States has also contributed to preventing the increase in tobacco control standards. The influence of the tobacco lobby has varied from state to state which was likely underpinned by the tobacco market share and the presence of multi-national businesses in the market. The post-Soviet States are continually encouraging and accepting tobacco foreign direct investment (FDI) whilst the industry expands its production facilities across the region. The fact transitional countries prioritise FDI over tobacco control is the main hurdle for the FCTC implementation and sustainable development. The project concludes by deconstructing the regulatory chill concept and suggesting that a new approach to IIA reform needs to be taken.

Item Type: Thesis (Doctoral)
31 May 2021Submitted
17 March 2022Accepted
Uncontrolled Keywords: Regulatory chill, international investment law, foreign investment, tobacco, tobacco control, WHO Framework Convention on Tobacco Control, FCTC, post-Soviet states, Ukraine, Belarus, Azerbaijan, Armenia, Georgia
Subjects: CAH16 - law > CAH16-01 - law > CAH16-01-01 - law
Divisions: Doctoral Research College > Doctoral Theses Collection
Faculty of Business, Law and Social Sciences > School of Law
Depositing User: Jaycie Carter
Date Deposited: 11 Aug 2022 11:15
Last Modified: 11 Aug 2022 11:15

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