An international tribunal has unveiled a secret ruling confirming it rejected a bid by tobacco giant Philip Morris to sue Australia over its plain packaging laws, calling the attempt “an abuse of rights”.
In its heavily redacted 186-page ruling dating from 17 December 2015, the permanent court of arbitration said it had no jurisdiction over the case brought by Philip Morris.
There’s lots of heavy panting about the ISDS provisions in TTIP and TPP. And this Philip Morris case is eternally used as an example of how terrible it all is. But, but, corporations would be able to sue governments!
Yep, they can. And look what happens: often enough they get sent away with a flea in their ear.
ISDS gives people a neutral court venue to sue a government. It most certainly doesn’t say that they’re going to win.