ABSTRACT

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Tobacco Control Measures, Plain Packaging and Indirect Expropriation: A "Tension And Integrity" Structure in International Investment Arbitration

Author: Florencio TRAVIESO

Type: Article : News

ref: 52016561-571

N0:5 of 2016

Pages: 561-571

In establishing a parallel between ‘tensegrity’ structures and legal structures, an interesting analogy can be drawn with the necessary balance between public policies, police powers and the State’s intervention in different cases, particularly in claims on indirect expropriation and the interpretation of the State’s right to regulate, specifically on public health measures. This relevant pattern could guide us in an analysis of the recent developments in the tobacco plain packaging litigation in international investment law.