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The ISDS panel only ruled on the jurisdiction issue, they said Philip Morris didnt have jurisdiction to launch an ISDS case, so as a result they didnt make a ruling on the second issues, which is whether the Australian Government has the right to pass laws in the public interest around health issues, which trumps any claims or rights that Philip Morris believe that they had. The attempt by Philip Morris to use the Australia-Hong Kong treaty as a means of challenging and trying to overturn the plain packaging laws introduced in 2011 illustrates the wider dangers for public health resulting from free trade agreements

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