Tobacco Wars: Tobacco Control-related Investment Disputes in a Comparative Public Law Perspective
Article from: TDM 5 (2012), in Legal Issues in Tobacco Control
Abstract
As countries are gradually implementing tobacco control measures, a number of disputes have arisen before national, regional and international courts and tribunals with regard to these regulations. This article adopts a public law perspective and surveys the decisions of different adjudicative fora relating to tobacco control. As investment treaty arbitration has become the most common method for settling investor-state disputes but has been harshly criticized by some authors because of its alleged lack of legitimacy, this article suggests that the mechanism may actually benefit from the ...