The pending matter between cigarette manufacturer Philip Morris International (PMI) and the natio... more The pending matter between cigarette manufacturer Philip Morris International (PMI) and the nation of Uruguay is the seminal case on the use of international investment reaty arbitration to alter public health measures largely thought to be a legitimate exercise of a state's police power. But he case threatens to disrupt the concept of national police power, which gives countries an implied right to regulate in the public interest. This paper analyzes the public health tenets that should influence the resolution of PMI v. Uruguay, and includes notes on tenets of international investment arbitration that are particularly amenable to modification in a way that promotes the public health and welfare.
The pending matter between cigarette manufacturer Philip Morris International (PMI) and the natio... more The pending matter between cigarette manufacturer Philip Morris International (PMI) and the nation of Uruguay is the seminal case on the use of international investment reaty arbitration to alter public health measures largely thought to be a legitimate exercise of a state's police power. But he case threatens to disrupt the concept of national police power, which gives countries an implied right to regulate in the public interest. This paper analyzes the public health tenets that should influence the resolution of PMI v. Uruguay, and includes notes on tenets of international investment arbitration that are particularly amenable to modification in a way that promotes the public health and welfare.
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Papers by Keegan Clem