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Any tobacco company legal action against the Federal Government over proposals to introduce plain packaging to cigarettes could take months to settle and must first prove that there exists a dispute between the two parties, according to an ANU legal expert. Reports indicate that Philip Morris Asia is commencing international legal action claiming the Government is in contravention of the 1993 Bilateral Investment Agreement between Australia and Hong Kong. But Professor Donald Rothwell of the ANU College of Law said there are many hurdles ahead for both parties before any ruling can be given. 'Australia and Hong Kong are parties to a 1993 Bilateral Investment Agreement which seeks to protect investments made in both countries by corporations,' said Professor Rothwell. 'The basic objective of the Agreement is to ensure that companies do not face discriminatory treatment in a territory in which they made investments. 'Reports that Philip Morris Asia is commencing international legal action under the Agreement suggest that Article 3 of the Agreement headed 'Promotion and protection of investments and returns? may be the focus of any legal claim. 'That Article provides that neither country shall 'impair by unreasonable'measures the management, use or enjoyment' of investments'. Philip Morris Asia may seek to argue that by the introduction of new federal laws dictating plain packaging of tobacco products that their intellectual property in distinctive packaging is being impaired,?
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