Thanks Rob. So interesting! I have looked at a few issues you mention with my co-authors Andrew Mitchell and James Munro - specifically, the offer to arbitrate and whether it can be removed, and what this means for pre-existing disputes (pre-existing claims being more straightforward, as you say). Perhaps you might also be interested in our discussion of survival clauses in this regard. I can email you the piece if you like. https://academic.oup.com/icsidreview/article-abstract/29/2/451/2732589/Parting-Ways-The-Impact-of-Mutual-Termination-of?redirectedFrom=fulltext See also follow up https://academic.oup.com/icsidreview/article-abstract/31/2/413/2198164/Denunciation-Termination-and-Survival-The?redirectedFrom=fulltext

Thanks Simon for the report. Very interesting. I had thought it was fairly well accepted that the primary justification for AD was based on political economy (eg to allow agreement to other important obligations such as national treatment etc) rather than 'economic contribution' as quoted above. And a bit odd to think of Panels/AB 'applying' but not 'interpreting' WTO law! (Even though the particular interpretations of the AB can be questioned - eg on zeroing/special standard of review as you mention.)

Hi Simon, good questions. Seems to me that the whole point of the provision is to stop the issue going to a tribunal, so if the host State says it's a tobacco control measure then it is a tobacco control measure and the tribunal does not make a separate determination of that question. Similarly, the provision is meant to stop a tribunal looking at whether the measure discriminates etc, avoiding the US problem of clove cigarettes. So I would think it covers discriminatory measures too.

I don't agree with the assumption that from a public health perspective a ban on cigarettes is necessarily better than plain packaging or that a ban will necessarily do more to reduce smoking than plain packaging. Remember prohibition?!

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