This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
  1. KudoZ™ Top
  2. English
  3. International Org/Dev/Coop

deny the benefits

English translation: deny them [the tobacco companies] the possibility to use this procedure

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:deny the benefits
Selected answer:deny them [the tobacco companies] the possibility to use this procedure
Entered by: Nadia Ayoub

16:17 Feb 21, 2017
English language (monolingual) [PRO]
Social Sciences - International Org/Dev/Coop
English term or phrase: deny the benefits
"Because of its vast financial resources, the tobacco industry is a formidable opponent in litigation; the industry’s resources often dwarf those of countries and subnational jurisdictions that must defend their policies. Sometimes the mere threat of litigation may be sufficient to intimidate countries into delaying or abandoning tobacco control measures. Recently, countries negotiating the Trans-Pacific Partnership Agreement have recognized this problem by adding, for the first time in any trade agreement, a general exception that allows any party the right to *deny the benefits* of investor–state dispute settlement with respect to any claims challenging a tobacco control measure."

https://cancercontrol.cancer.gov/brp/tcrb/monographs/21/docs...

https://ustr.gov/about-us/policy-offices/press-office/press-...

Not sure what it means in this context.

Thank you for your help!
Nadia Ayoub
Egypt
Local time: 06:46
deny them [the tobacco companies] the possibility to use this procedure
Explanation:
because this "investor–state dispute settlement" procedure is heavily skewed in favour of big multinationals, it's a "benefit" for them (a big advantage);

this Trans-Pacific Partnership Agreement has included the option for states to deny them [the tobacco companies] the possibility to use this procedure ("investor–state dispute settlement") - so they can't sue states for "lost profits" if they are restricted in poisoning the population with their wares.
Selected response from:

Daryo
United Kingdom
Local time: 05:46
Grading comment
Many thanks!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +2deny them [the tobacco companies] the possibility to use this procedure
Daryo
5 +1Revoke privileges
Morad Seif
Summary of reference entries provided
Chapter 29 of the TPP
Helena Chavarria

  

Answers


1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +2
to deny [them] the benefits of investor–state dispute settlement
deny them [the tobacco companies] the possibility to use this procedure


Explanation:
because this "investor–state dispute settlement" procedure is heavily skewed in favour of big multinationals, it's a "benefit" for them (a big advantage);

this Trans-Pacific Partnership Agreement has included the option for states to deny them [the tobacco companies] the possibility to use this procedure ("investor–state dispute settlement") - so they can't sue states for "lost profits" if they are restricted in poisoning the population with their wares.

Daryo
United Kingdom
Local time: 05:46
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 4
Grading comment
Many thanks!

Peer comments on this answer (and responses from the answerer)
agree  magdadh: Because quite obviously no other industry ever needed state control/curbing or had resources dwarfing those of nations.
7 hrs
  -> better not go into digressions ... Thanks!
agree  Yasutomo Kanazawa
11 hrs
  -> Thanks!
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
Revoke privileges


Explanation:
...

Morad Seif
Türkiye
Local time: 07:46
Native speaker of: Persian (Farsi)

Peer comments on this answer (and responses from the answerer)
agree  acetran
17 hrs
  ->  Thanks a lot.
Login to enter a peer comment (or grade)




Reference comments


46 mins peer agreement (net): +2
Reference: Chapter 29 of the TPP

Reference information:
Article 29.5: Tobacco Control Measures
A Party may elect to deny the benefits of Section B of Chapter 9 (Investment) with respect to claims challenging a tobacco control measure12 of the Party. Such a claim shall not be submitted to arbitration under Section B of Chapter 9 (Investment) if a Party has made such an election. If a Party has not elected to deny benefits with respect to such claims by the time of the submission of such a claim to arbitration under Section B of Chapter 9 (Investment), a Party may elect to deny benefits during the proceedings. For greater certainty, if a Party elects to deny benefits with respect to such claims, any such claim shall be dismissed.

https://www.mfat.govt.nz/assets/_securedfiles/Trans-Pacific-...

--------------------------------------------------
Note added at 49 mins (2017-02-21 17:06:41 GMT)
--------------------------------------------------

Tobacco Control Measures
Tobacco is a product that poses unique public health challenges, as is reflected
in each Party’s tobacco control regulations. In order to ensure that
each Party has the ability to regulate manufactured tobacco products and
protect public health, TPP, for the first time in any trade agreement, builds
on structures established in the agreement to give each Party the right to
decide that its tobacco control measures for manufactured tobacco products
cannot be challenged by private investors under Investor-State Dispute
Settlement (ISDS). Other provisions of the agreement, including state-tostate
dispute settlement procedures by governments, will continue to apply.
This provision does not apply to tobacco leaf; under TPP, U.S. tobacco farmers
will have enhanced opportunities to compete fairly in foreign markets by
the elimination of foreign tariffs on tobacco leaf.

https://ustr.gov/sites/default/files/TPP-Chapter-Summary-Exc...

--------------------------------------------------
Note added at 56 mins (2017-02-21 17:14:02 GMT)
--------------------------------------------------

Tobacco—A claim challenging a tobacco-control measure shall not be subject to the investor state dispute settlement (ISDS) procedures in TPP if a TPP partner country elects to deny that benefit to a claimant.

http://www.fb.org/files/TPP-Full-Report.pdf

--------------------------------------------------
Note added at 1 hr (2017-02-21 17:42:41 GMT)
--------------------------------------------------

Page 19

Finally, the only meaningful new ISDS safeguard or exception included in the final TPP text is a carve-out for tobacco-related public health measures that allows countries to elect to remove such policies from being subject to ISDS challenges, either in advance or once a policy is attacked. Thus, in these and other ways, the TPP unequivocally expands the power of corporations.

http://haasinstitute.berkeley.edu/sites/default/files/haasin...

Helena Chavarria
Spain
Native speaker of: Native in EnglishEnglish
Note to reference poster
Asker: Many thanks Helena!


Peer comments on this reference comment (and responses from the reference poster)
agree  acetran
12 hrs
  -> Thank you, acetran :-)
agree  Daryo: good starting point
18 hrs
  -> Thanks, Daryo :-)
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

Return to KudoZ list

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

See also:
ProZ.com term search
Search millions of term translations
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search