18 May 2016
Documents unsealed this week show how Philip Morris lost its ISDS case against Australia over tobacco plain packaging.
Peter Martin explains that the tribunal found that Philip Morris had moved its Australian and Asian headquarters to Hong Kong for the express purpose of making the claim, and that this was an "abuse of rights".
The fact that Australia won the case does not mean that ISDS provisions are not a threat to public health. Dr Deborah Gleeson told Fairfax Media:
"If we ratify the Trans-Pacific Partnership transnational corporations based in the United States will gain an avenue to sue Australia. There's an exclusion for tobacco control measures, but no solid exclusion for other health measures."
Read the full article here.