Tobacco Regulation, International Investment Arbitration and the Fragmentation of International Law – The Grand River Enterprises Case
European Journal of Risk Regulation, Vol. 2, pp. 267-273, 2011
Posted: 2 Oct 2011
Date Written: March 31, 2011
Abstract
In the recent Grand River Enterprises case, United States public health regulations on protection from tobacco products successfully withstood a challenge by Canadian Native American investors under NAFTA chapter 11 arbitration. The arbitrators carefully weighed the investors’ rights and the regulatory freedom of the host state under the NAFTA rules. The treatment of other norms of international law on the protection of indigenous peoples, however, merits some criticism.
Keywords: fragmentation, international investment law, arbitration, tobacco, public health, Native American law
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