The STG Talks, held weekly at Badia Fiesolana and online, serve as a space for discussion for the STG community and beyond. Led by the STG Fellows, the talks are a place for informal learning and exchange on global issues affecting different areas of policymaking.
What are the strategic and practical considerations when anticipating litigation in designing national and international policy? To improve public health by discouraging people from taking up smoking, in 2010, the Australian Government enacted the Tobacco Plain Packaging Act (TPP Act), requiring plain packaging for tobacco products and prohibiting the use of logo, imagery, etc., and an increase in the size of the pictorial health warning.
In 2012, the constitutionality of the TPP Act came to be challenged before the High Court of Australia by four tobacco giants, namely British American Tobacco, Philip Morris, Imperial Tobacco and Japan Tobacco. They argued that the TPP Act removes their intellectual property rights in a manner that is contrary to the Australian Constitution. This challenge failed, and thereafter, Philip Morris Asia brought a challenge under the 1993 bilateral investment treaty (BIT) between Australia and Hong Kong. When this proved unsuccessful, challenges were brought at the World Trade Organisation (WTO) which were rebuffed.
In this conversation, Anna Garsia B.L. will discuss her role behind the scenes, and elaborate upon the approaches taken when anticipating the legal challenges.
Speakers:
The event will be held in a hybrid setting. When registering please indicate if you wish to attend the event in person or online. Zoom link will be provided after registration.
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