The Hong Kong-Australia Business Investment Treaty
29 November 2011
Professor Gillian Triggs comments on moves by the tobacco multinational Philip Morris to sue the Commonwealth for damages over the new plain packaging laws.
According to a report on ABC Radio Current Affairs Program, PM, Phillip Morris has mounted a legal challenge under the 20 year old Hong Kong-Australia business investment treaty.
The report stipulates that never before has the Australian Government been sued for breaching a bilateral trade treaty.
Philip Morris has already chosen Singapore to represent its case.
Australia is yet to choose its advocate.
The reports adds that there is no avenue of appeal.
"Then once their governments became in the early 20th century independent states they would then nationalise or expropriate the property of the foreign investor."
Contact: Greg Sherington
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