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I agree with you Simon that carve-outs are not the best way going forward. But from a government perspective a carve-out is attractive: it shows action and it provides a high degree of predictability. The same couldn't be said about a general justification clause, although countries may be on safer ground before the WTO than before investment tribunals. PM v. Uruguay was one vote away from Uruguay's measure being found in contravention of IIL rules. And if you move away from cigarettes, the prediction becomes less and less certain.
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Apr 12, 2017