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Yifan Zhou - University of Pennsylvania Law School, LLM

International Investment Law Symposium LLM Perspectives Online Publications

Connecting the Dots of Business and Health at International Fora: An Analysis of the Investor-State Arbitration of Tobacco Plain Packaging

I would like to thank Professor William Burke-White for his great teaching on international investment law in 2016 at Penn Law and Dr. James McGann’s comments that significantly improved the comment draft. Any errors are my own. I. Introduction Regulators in Australia may not have expected international lawsuits by foreign companies when they drafted laws to regulate tobacco packaging to protect public health, but that has certainly been one side effect. Since the Parliament of Australia passed the Plain Packaging Act (“PPA”) in 2011, big tobacco has been fighting against this legislation in various domestic and international judicial fora, including…

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LLM Perspectives Online Publications

The WTO Appellate Body’s Subsidy Analysis in Canada-Renewable Energy / FIT

Recent WTO cases on renewable energy subsidies increased the conflict between trade and the environment by changing what "relevant market" means. This article examines "relevant markets" as a concept and analyses several flaws in the new "supply-side substitutability" argument by comparing rationales and applications in antitrust and WTO law.…

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