International Law

13 September 2016: ILS International Law Seminar Series

Mark Jennings, Special Advisor, International Trade Group, MinterEllison Lawyers, presented on ‘Australia’s first investor-State dispute: how should we package Philip Morris Asia v Australia?’ on 13 September at the MinterEllison Offices, Sydney.

Mark discussed the litigation relating to Australia’s tobacco plain packaging legislation brought by Philip Morris Asia under the bilateral investment agreement between Australia and Hong Kong. The case has a very important public health perspective, both domestic and global. It was Australia’s first investor-State dispute. The case was one of three concerning Australia’s legislation brought in different jurisdictions. The case has been taken up in the global debate about investor-State dispute settlement. It also contains important jurisprudence on the abuse of right doctrine.


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