The right to health versus the right to wealth

Tobacco companies have expressed concerns that the latest development in Australia and Uruguay’s plain cigarette packaging initiative breaches international obligations under trade and investment agreements. This article begins by taking a look into the background of cigarette packaging. It then goes on to examine latest developments in the field of tobacco plain packaging on the world stage, and lastly provides and analysis on the claim posed by the cigarette companies that this trend is incompatible with the international legislation. It concludes that the general move towards plain packaging undertaken by Australia, Uruguay and many other countries is consistent with the international obligations undertaken by countries and that concerns about plain packaging violating international trade and investment law should not stop countries from implementing plain packaging in their health agenda. Lastly, this thesis provides several possible methods for reconciliation of the rights of states and the rights of investors.