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Max Planck Encyclopedia of Public International Law [MPEPIL]

Philip Morris Arbitration Cases (Philip Morris v Uruguay; Philip Morris v Australia)

Simon Burger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 February 2021

Subject(s):
Margin of appreciation — Indirect expropriation — Regulatory expropriation (or regulatory taking) — Abuse of rights — Fair and equitable treatment standard — BITs (Bilateral Investment Treaties)

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The Philip Morris cases were two investment disputes brought before arbitral tribunals (Arbitration) by entities of the Philip Morris group against Uruguay and Australia (International Investment Arbitration). The investment disputes concerned tobacco packaging and presentation legislation introduced by these States to protect public health. It was the first time that ambitious tobacco-control measures were challenged in international investment arbitration (Lin 129; see Han 770 on other international cases relating to tobacco). As for Australia, it was the...
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