Part of the CIPL Monthly Talk series series
Australia’s landmark Tobacco Plain Packaging (TPP) law entered into force in 2012, having survived a challenge in the Australian High Court. However, the TPP law is currently being challenged in an investor-State dispute settlement arbitration under the Australia-Hong Kong Bilateral Investment Treaty – the first time that Australia has been a Party in an ISDS arbitration. Separately, the TPP law is also being challenged by five WTO Members in WTO dispute settlement proceedings – one of the most significant WTO cases in many years, and one which has attracted a record number of WTO Members as third parties. This seminar will examine the challenges faced and lessons learnt arising from Australia’s ongoing defence of its TPP law in these two international fora.
Felicity Hammond is Assistant Director of the Tobacco Plain Packaging Taskforce at the Australian Department of Foreign Affairs and Trade. Felicity is responsible for the intellectual property claims in the ongoing legal challenges to Australia’s tobacco plain packaging legislation in the World Trade Organization (WTO) dispute settlement system. She has also worked on Australia’s defence in the investor-State tobacco plain packaging dispute. Felicity has represented Australia as a third party in various WTO disputes and has also been part of Australia’s delegation for the Trans-Pacific Partnership Agreement negotiations.
John Atwood currently heads the Tobacco Litigation Taskforce in the Office of International Law, which has the conduct of the arbitration brought by Philip Morris Asia under the Australia-Hong Kong BIT. Prior to joining the Taskforce in 2012, he held a number of senior legal positions in international organisations.