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The Case of Philip Morris v. Uruguay: A Preliminary Observation from a Chinese Scholar*

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The year 2010 witnessed a case which involved both public health epitomized by tobacco control and investment embodied as intellectual property. The future arbitral award of the pending case will carry significant meaning to understand the relationship between obligations to protect public health and to protect investment for a sovereign state. The author tries to make sure that even though the regulatory legitimacy should be determined case by case, it seems that the trend of treaties and jurisprudences show that only if some basic principles, such as non-discrimination, proportionality, due process of law, and the public interest are respected, the regulation of the host state would be unchallengeable. It is tenable to argue that Uruguay need not compensate subject to the listed regulatory requirements above.

Affiliations: 1: LL.B. and LL.M. (Northeast Normal University), PhD (Xiamen University) Associate Professor, School of Law at Xiamen University, P.R. China, hanxiu777@xmu.edu.cn

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/content/journals/10.1163/22119000001305004
2012-01-01
2016-12-08

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