This paper addresses treaty-based investor-state arbitration (ISA) and other forms of investor-state dispute settlement. The topic has become particularly controversial for Australia, given its ongoing Free Trade Agreement negotiations with Japan – which is also considering joining...

This article discusses the Bilateral Investment Treaty (‘BIT') dispute between Australia and Philip Morris Asia Ltd (‘PMA') and the implications for PMA's intellectual property rights as a result of the Tobacco Plain Packaging Act 2011 (Cth) (‘TPP'). In Part 1, it examines the merit of...

The relationship between the bilateral investment treaty (‘BIT') between Australia and China (1988) and the preferential trade agreement between those countries (‘ChAFTA') (2015) provides an interesting case study of the co-existence of successive treaties under public international law....

The good health of its population is fundamental to a country's national interest. Regulation of these risk factors, however, presents particular challenges in the light of international trade law and international investment law, as policy interventions often seek behavioural change including...