Wednesday, April 6, 2011
12:30 - 1:25 pm
Room 3043 | Duke Law School
Featuring Todd Weiler
Adjunct Professor, University of Western Ontario Faculty of Law
Philip Morris Products has filed suit against Uruguay at the International Centre for Settlement of Investment Disputes at the Word Bank. Philip Morris claims that Uruguayan tobacco control laws violate its investor rights under a bilateral investment treaty (BIT) between Uruguay and Switzerland. At issue are Uruguayan requirements that 80% of a cigarette package show health warnings and another law limiting the variety of brands of cigarettes that can be sold. Philip Morris contends that these laws violate its intellectual property rights, while Uruguay asserts its right to enact regulations to protect public health.
This arbitration case is testing a number of issues affecting global health and the future of international investment law: How should arbitrators consider the legislation and application of public health regulations that conflict with foreign investor business models? How do marketing strategies affect the treatment of intellectual property as investment under BITs? What is the relationship between Uruguay’s international law obligations under the BIT, and those under the World Health Organization’s Framework Convention on Tobacco Control?
This panel will discuss these questions as well as others regarding the interface between international investment law and global health law and policy.
The Duke way
» Public service is a core value of the legal profession and central to the Duke Law experience.
Emerging tools for more equitable policy
» Professor Matthew Adler co-edited the new Oxford Handbook of Well-Being and Public Policy.
Prof. Sam Buell discusses his new book on the rise of criminal behavior in corporations and why it’s so difficult to prosecute.
International Investment Law and Global Health: Issues and Implications in Philip Morris v. Uruguay
Wednesday, April 6, 2011
Aronie '93: Combat professional atrophy by doing something "new, different, and even scary"
The Federal Lawyer
Jonathan Wiener addresses climate, catastrophes, retrospective review, TTIP, and China’s environmental risk regulation
Over the past year Professor Jonathan Wiener has deployed his expertise on U.S., European, and international environmental law and risk regulation in projects that address a range of global challenges.
Eco-environmental risk management in China