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Exam questions, anyone? Plain packaging regulations and domestic regulatory...
Postscript 22 10 2013: on the BIT front, see the interesting defence by the European Commission of BITs in October 2013 here. Reference is made ia to the ongoing Philip Morris and Vatenfall (Nuclear...
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Plain packaging – One battle might be over, plenty to follow
I reported earlier that the plain packaging dispute is fought on many fronts. As has been widely reported, the domestic challenge to the Australian regime would seem to have been won by the Government...
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Plain packaging and the Australian Constitutional debate: the Act does not...
As reported earlier, the High Court of Australia held in the summer that the Australian Plain Packaging regulations are not unconstitutional. It has now also released its reasons for finding so. The...
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Metamorphosis: Can an investment loose such qualification because of its...
A very interesting debate in the PMI v Uruguay arbitration on plain packaging. The decision on jurisdiction (which was taken in July this year) rejected the notion that an ‘investment’ under a BIT...
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Thank you for not displaying. Objections to tobacco display ban go up in smoke.
I have previously referred to the display ban case which Philip Morris took to the EFTA Court. I have only just recently stumbled across the eventual holding of the court which had referred the case to...
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The perfect (take home) exam question. Court of Appeal plain packaging v...
Update 12 april 2017: the UK Supreme Court refused permission to appeal [the decision should appear here in due course], hence the Court of Appeal’s ruling is now final. Isn’t it just a perfect exam...
View ArticleSwedish Match: Snus, precaution and the gateway effect.
A short update on the Court of Justice’s ruling in C-151/17 Swedish Match, in which yesterday it upheld the legality of Directive 2014/40’s ban on ‘snus’ and generally on tobacco products for oral...
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