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Time to Quit? Assessing International Investment Claims against Plain Tobacco Packaging in Australia

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  • Tania Voon
  • Andrew Mitchell

Abstract

The Australian federal government recently introduced into Parliament legislation mandating the plain packaging of all tobacco products. Tobacco companies and others have raised various legal concerns with this tobacco control scheme, both at a domestic level in relation to constitutional and intellectual property law, and at an international level in relation to international economic law. Some Members of the World Trade Organization (WTO) have asked questions about the scheme in the WTO's Committee on Technical Barriers to Trade and Council for Trade-Related Intellectual Property Rights. In addition, Philip Morris (Asia) Limited has given notice of an investor-State dispute settlement claim against Australia regarding plain packaging pursuant to the Hong Kong--Australia Bilateral Investment Treaty. This article considers the merits of that claim as well as certain related procedural issues. It also compares Australia's investment obligations with respect to plain packaging under the Australia--United States Free Trade Agreement, as some allegations have been made that plain packaging may be inconsistent with those obligations. Oxford University Press 2011, all rights reserved, Oxford University Press.

Suggested Citation

  • Tania Voon & Andrew Mitchell, 2011. "Time to Quit? Assessing International Investment Claims against Plain Tobacco Packaging in Australia," Journal of International Economic Law, Oxford University Press, vol. 14(3), pages 515-552, September.
    • Handle: RePEc:oup:jieclw:v:14:y:2011:i:3:p:515-552
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    File URL: http://hdl.handle.net/10.1093/jiel/jgr030
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    Cited by:

    1. Patricia Ranald, 2015. "The Trans-Pacific Partnership Agreement: Reaching behind the border, challenging democracy," The Economic and Labour Relations Review, , vol. 26(2), pages 241-260, June.
    2. Chaisse, Julien & Hamanaka, Shintaro, 2014. "The Investment Version of the Asian Noodle Bowl: The Proliferation of International Investment Agreements," Working Papers on Regional Economic Integration 128, Asian Development Bank.

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