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Article

23 Nov 2015

Author:
Marc Firestone, Senior vice-president and general counsel, Philip Morris International

Philip Morris: we are defending our business, not attacking human rights

Despite emphasising the role of the United Nations in maintaining justice and respect for obligations arising from treaties and other sources of international law, Alfred de Zayas…fails to add that the UN defines the rule of law as a principle of accountability and equality for “all persons, institutions and entities, public and private … consistent with international human rights, norms and standards”.  There is no inherent tension in protecting fundamental rights of the private sector while protecting human rights…Investment protection is an act of sovereignty that results from negotiations between states…The implication that our case has “chilled” governments from enacting tobacco control rules is erroneous…PMI has brought only two ISDS cases among over 600 reported cases, and we did not bring them lightly. The Uruguayan government knows that we prefer amicable resolutions to litigation and that we remain available for constructive discussion with authorities in Uruguay and elsewhere…Governments that respect the rule of law have nothing to fear from the possibility of independent, objective review of regulatory measures.

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UN expert says binding treaty on business & human rights is needed to curb adverse impacts of intl. trade agreements; Philip Morris responds

Philip Morris international arbitration (re Australian plain packaging law)