Two investment treaty claims launched by Philip Morris entities against tobacco control measures implemented by Australia and Uruguay have ended, with Philip Morris losing both disputes. This Perspective highlights these positive results from a public health viewpoint while emphasizing the...

This short paper examines the decision by a binational panel constituted under Article 1904(2) of the North American Free Trade Agreement (NAFTA) in Stainless Steel Sheet and Strip In Coils From Mexico: Final Results of 2004/2005 Antidumping Review. In the course of clarifying the Chevron and...

The Australian federal government recently released an exposure draft of legislation to introduce a scheme for the mandatory ‘plain packaging’ of cigarettes and other tobacco products from 2012. The scheme will prohibit the use of brand logos, graphics and colors on tobacco products and...

This paper highlights the growing public health problem posed by non‐communicable diseases ('NCDs') – principally cardiovascular diseases, cancers, chronic respiratory diseases and diabetes – and the crucial role of the WTO in supporting international efforts to combat that problem. Some...

This paper considers overlaps between the law of the World Trade Organization, international human rights law, and cultural laws and regulations in domestic and international contexts. The paper considers in particular the treatment of 'cultural products' (audiovisual products and printed...

The World Health Organization (WHO) has proposed a number of strategies to combat non-communicable diseases such as cancers, cardiovascular diseases, chronic respiratory diseases, and diabetes, by targeting the risk factors of tobacco use, harmful use of alcohol, and poor diet. A number of the...

Intellectual property is routinely regulated by international investment agreements (‘IIAs’) as a protected class of investment. However, it has only emerged as a subject of investment claims in recent years and in relatively few niche cases, and as such the relationship between intellectual...

This short paper explains a number of international developments demonstrating continuing tensions between intellectual property rights and health. In particular, it examines steps at the World Health Organization in relation to so-called 'counterfeit' medicines and the Protocol to Eliminate...

Australia’s standardised tobacco packaging legislation will be fully implemented on 1 December 2012 but remains subject to challenge in the World Trade Organization and under the Hong Kong – Australia Bilateral Investment Treaty. This world-first scheme has proved controversial, particularly...

This is a submission to the New Zealand Ministry of Health on its Proposal to Introduce Plain Packaging of Tobacco Products in New Zealand set out in the Ministry’s Consultation Document of July 2012. The submission addresses the implications for the Proposal of New Zealand’s obligations...