Governments impose prudential regulations to ensure the stability of the financial sector and protect depositors and investors. However, these regulations may also restrict trade in financial services. The Annex on Financial Services of the World Trade Organization's (‘WTO') General Agreement...

Since 2010, the World Health Organization has advocated the use of health information labelling to inform consumers of the health risks related to alcohol consumption. The alcohol industry oscillates between opposing and supporting alcohol labelling. This article reviews the minutes of the...

Recent challenges to tobacco packaging measures brought under international investment law shed light on a variety of intellectual property issues. This chapter focuses on the intellectual property aspects of two related disputes: the claim brought by Philip Morris Asia Ltd (Philip Morris Asia)...

This chapter examines the interaction between international trade law and international investment law on the one hand with the right to health as a human right on the other. It considers the United Nations treatment of this relationship as well as the right to health and human rights in WTO...

International trade and international investment agreements typically contain provisions requiring the parties to comply with good governance principles, such as procedural fairness and transparency. These provisions are increasingly the subject of disputes before international tribunals. The...

Due process is a necessary component of any legal system seeking legitimacy and effectiveness. The dispute settlement system of the WTO is no exception. Indeed, the potentially vast political and economic effects of trade liberalization and protectionism, the opportunity for Members to challenge...

Trade liberalisation has the potential to increase certain unhealthy habits such as smoking and over-consumption of alcohol and unhealthy foods, leading to a corresponding increase in non-communicable diseases (‘NCDs'). A range of measures designed to reduce consumption of these products may...

Just as it had in several recent similar disputes, the Panel in China – Autos found several of the challenged issues WTO inconsistent. We believe virtually all of the deficiencies noted by the Panel could be easily addressed with minor changes to MOFCOM practices. The real significance of this...

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...

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...