LKK Speaking Engagement

LKK partner Sabina Sacco was invited to speak, on 27 October 2016, at a special edition of the Talking Disputes seminar series devoted to the landmark award rendered in July 2016 by an ICSID Tribunal in the Philip Morris v. Uruguay case. The event took place in Geneva, at the Graduate Institute of International and Development Studies.

Ms Sacco was one of three expert panelists discussing the Philip Morris v. Uruguay case from different legal perspectives, following an overview of the Tribunal’s award presented by Prof. Krista Nadakavukaren Schefer (Acting Director of the Center for Human Rigthts Studies at the University of Zurich). Ms Sacco’s presentation focused on the case’s implications for international investment law in light of the Tribunal’s analysis on the expropriation and fair and equitable treatment claims, in particular the State’s right to regulate in cases of bona fide general regulation directed to protect public health. Prof. Ernst-Ulrich Petersmann (Emeritus Professor for International and European Law, European University Institute) examined it from the perspective of WTO law, and Mr Benn McGrady (Technical Officer (Legal) at the World Health Organization) discussed a number of issues of broader relevance for international courts and tribunals that were highlighted by the dispute and the resulting award, including the efficacy of health-related regulatory measures, the treatment of trademark rights in the context of investment law and the reception of amicus briefs by the PM v. Uruguay Tribunal. The discussion was moderated by Mr Pedro Roffe (Senior Associate at ICTSD).

The Talking Disputes series of events, co-hosted by the International Center for Trade and Sustainable Development (ICTSD) and WTI Advisors (an affiliate of the World Trade Institute), is designed to allow for the discussion of trade- and investment-related dispute settlement cases by interested experts, delegates and members of the public.

For the event’s program, presentation slides and full recording on video, please visit the dedicated page on the ICTSD website.