If One Thai Bottle Should Accidentally Fall: Health Information, Alcohol Labelling and International Investment Law
Andrew Mitchell, Paula O'Brien
Journal of World Investment and Trade | Brill Academic Publishers | Published : 2020
This article considers the issues that would arise in a dispute under an international investment agreement about two innovative, public health alcohol labelling policies pursued by Thailand. One measure proposes graphic health warnings on alcoholic beverages. The other measure places extensive restrictions on the words and images that producers can use on alcoholic beverage labels. We focus on the consistency of these measures with the obligations of fair and equitable treatment and indirect expropriation. We place particular emphasis on the evidence that would likely be needed to defend these measures, including the areas where the science is somewhat tentative and might therefore pose pro..View full abstract
Awarded by Australian Research Council
Andrew D Mitchell, PhD (Cantab); LLM (Harv); Dip Int Law (Melb); LLB (Melb); BCom (Melb). Professor, Faculty of Law, Monash University; Future Fellow, Australian Research Council; Director, Global Economic Law Network. Paula O'Brien, PhD (Melb); LLM (Cantab); BA/LLB(Hons) (Melb). Senior Lecturer, University of Melbourne Law School; Director, Health Law and Ethics Network. The authors thank Tania Voon, John Holmes, Caroline Henckels, Maristela Monteiro and Rosa Sandoval for helpful comments on an earlier draft and Mark Huber, Kyle Dickson-Smith, Donia Alwan, Pei Xuan Liu and Sophia Kaiko for their research and editorial assistance, as well as Kasinee Wongsang for her translations. This research was supported in part by the Australian Research Council pursuant to the Future Fellowship scheme (project number FT130100416).