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- Title
WHEN TWO INTERNATIONAL REGIMES COLLIDE: AN ANALYSIS OF THE TOBACCO PLAIN PACKAGING DISPUTES AND WHY OVERLAPPING JURISDICTION OF THE WTO AND INVESTMENT TRIBUNALS DOES NOT RESULT IN CONVERGENCE OF NORMS.
- Authors
Hartmann, Stephanie
- Abstract
This paper addresses the overlapping jurisdiction of the international trade and investment regimes, taking as an example disputes related to plain packaging requirements for tobacco products, and considers whether the two regimes function as a "regime complex" and exhibit convergence in the interpretation of norms. The example of the plain packaging disputes demonstrates that the regimes are not converging in their interpretation of shared norms, which can be explained primarily by differing approaches to treaty interpretation and particularly treatment of decisions by other international tribunals. The paper concludes that, in spite of overlapping jurisdiction, the international trade and investment regimes do serve distinct purposes and should not be considered duplicative with regard to dispute resolution.
- Subjects
INTERNATIONAL trade; INVESTMENTS; TOBACCO products; PACKAGING; DISPUTE resolution; COMMERCIAL treaties; WORLD Trade Organization
- Publication
UCLA Journal of International Law & Foreign Affairs, 2017, Vol 21, Issue 2, p204
- ISSN
1089-2605
- Publication type
Article