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Philip Morris loses plain packs battle, but the war continues
By Professor Mark Davison Just prior to Christmas, 2015, the Australian government received the gift of a decision that Philip Morris Asia’s Ltd’s action pursuant to the Bilateral Investment Treaty between Australia and Hong Kong against Australia’s measures for plain packaging of tobacco was not within the jurisdiction of the tribunal. The facts leading to…
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Plain packaging legislation and international investor rights: a challenge to Australia’s regulatory sovereignty
by Sarah Joseph The much-discussed plain packaging legislation for cigarettes will come into force until December 2012. Tobacco companies plan to wage a sustained campaign of “lawfare” against it, including a likely constitutional challenge and arbitral proceedings under a Hong Kong/Australia bilateral agreement. There is also the possibility of proceedings against Australia in the World…
Castan Centre for Human Rights Law 