The International Law Gaze: The ICSID Award in Philip Morris v Uruguay and the Near End of the “Aesthetic Experience”.

Abstract

It was the large economic value of tobacco’s “aesthetic experience” that Philip Morris (PM) sought to preserve in its litigation against Uruguay before an international tribunal operating under the jurisdiction of the International Centre for the Settlement of Investment Disputes (ICSID). There, PM claimed that Uruguay was in violation of the Agreement between the Swiss Confederation and the Oriental Republic of Uruguay on the Reciprocal Promotion and Protection of Investments, dated October 7, 1988 (the BIT). The reason? Uruguay’s decision to enact tobacco control measures, in particular, its single presentation requirement (SPR) prohibiting tobacco manufacturers from selling more than one variant of cigarette per brand family and the increase in the size of health warnings included on cigarette packets from 50% to 80% of the surface of the front and the back (80/80 Regulation). As a result, manufacturers had only 20% of the room on cigarette packs for trademarks, logos, and other information.