Table 2.

Key mechanism by which trade rules may limit public health policy space and provide opportunities for TRCCs and their patron states to influence public health policymaking (Kelsey, 2013)

Substantive rules [e.g. in Technical Barriers to Trade (TBT) chapters] Criteria applied to decision-making and choosing between policy options e.g. fulfilling requirements of the ‘necessity test’ (discussed below) Processes to be used in making decisions e.g. pro-business regulatory impact assessments (this may increase TRCC’s structural power) Required evidential basis for policy decisions to justify any measure considered trade restrictive under international agreements Documentation, disclosure and reporting requirements for new regulations/policy Obligatory engagement with TRCCs during policymaking processes (this may also increase TRCC’s structural power)