Is the BIT investment claim by Philip Morris against Uruguay going to make it difficult to get investor-state in the TPP? From an NZ online publication:
The Greens have stepped up their attack on a planned trans-Pacific free trade zone after tobacco giant Philip Morris called for the right to challenge anti-smoking laws.
Greens co-leader Russel Norman revealed yesterday a Philip Morris submission to the United States Government which insisted any deal must allow challenges to laws such as the regulation of cigarette packaging or bans on tobacco products.
The company is presently suing the Uruguay Government over a law requiring graphic warnings on smoking to cover 80 per cent of cigarette packs, saying it infringes trademark rights under a free-trade deal with Switzerland, where it has a base.
Mr Norman said the Philip Morris submission on the proposed Trans-Pacific Partnership showed it wanted similar powers under that deal.
"The real issue is about what they call beyond the border restrictions, which is about governments passing laws that restrict what corporations can do, like selling their cigarettes.
"Most New Zealanders will be shocked to learn ... Philip Morris is using trade agreements to try to stop governments from introducing anti-smoking measures. But it is true."
This is from the Green Party press release:
The Green Party is calling on the Government to reject attempts to introduce investor-state disputes mechanisms into the Trans-Pacific Partnership (TPP) trade negotiations in light of evidence that the Philip Morris tobacco company is planning to use the TPP to block anti-smoking laws.
“Most New Zealanders will be shocked to learn that the huge multinational tobacco company Philip Morris is using trade agreements to try to stop governments from introducing anti-smoking measures. But it is true," Green Party Co-leader Dr Russel Norman said today.
Philip Morris is currently taking action against Uruguay’s proposed anti-smoking laws under the investor-state disputes mechanism of the trade agreement between Uruguay and Switzerland (1). Uruguay is proposing to introduce new measures requiring 80 percent of cigarette packaging to carry graphic warnings against smoking. The company argues such measures effectively expropriate their investments. Under the investor-state disputes mechanism a World Bank panel will decide if Uruguay must pay Philip Morris for this ‘expropriation’.
Philip Morris is also targeting New Zealand’s TPP negotiations to ensure there are investor-state disputes mechanisms so Philip Morris will be able to sue governments that attempt to introduce similar anti-smoking laws.
Philip Morris’ submission (2) on the TPP to the United States Government specifically identifies proposals to introduce plain packaging of cigarette packages. They argue that such plain packaging of cigarettes is “tantamount to expropriation on the use of long-held and extremely valuable property rights”.
Here's the Philip Morris submission: http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a81289
