A. Legal Instruments

General Agreement on Tariffs and Trade, Geneva, 30 October 1947, United Nations, Treaty Series, vol. 55, p. 187.

Havana Charter for an International Trade Organization, Havana, 24 March 1948, United Nations Conference on Trade and Employment, Final Act and Related Documents, E/CONF.2/78, p. 9.

Treaty between the Federal Republic of Germany and Pakistan for the Promotion and Protection of Investments, Bonn, 25 November 1959.

Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331.

Agreement on Technical Barriers to Trade, Geneva, 12 April 1979, United Nations, Treaty Series, vol. 1186, p. 276.

The North American Free Trade Agreement, Washington/Ottawa/Mexico City, 17 December 1992.

Marrakesh Agreement establishing the World Trade Organization (with final act, annexes and protocol), Marrakesh, 15 April 1994, United Nations, Treaty Series, vol. 1867, p. 3.

General Agreement on Trade in Services, Annex 1B, Marrakesh Agreement establishing the World Trade Organization, Marrakesh, 15 April 1994.

Agreement on Trade-Related Aspects of Intellectual Property Rights, Annex 1C, Marrakesh Agreement establishing the World Trade Organization, Marrakesh, 15 April 1994.

International Law Commission, Articles on Responsibility of States for Internationally Wrongful Acts, 2001.

2002 Agreement between the Government of the Kingdom of Thailand and the Government of the Russian Federation on the Promotion and Reciprocal Protection of Investments, Moscow, 18 October 2002.

ASEAN Comprehensive Investment Agreement, Cha-am, Thailand, 26 February 2009.

Agreement establishing the ASEAN-Australia-New Zealand Free Trade Area, Cha-am, Phetchaburi, Thailand, 27 February 2009.

Agreement on Investment under the Framework Agreement on Comprehensive Economic Cooperation Among the Governments of the Member Countries of the Association of Southeast Asian Nations and the Republic of Korea, Jeju-do, Republic of Korea, 2 June 2009.

Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China, Bangkok, 15 August 2009.

United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, New York, 10 December 2014.

Trans-Pacific Partnership Agreement (TPP), Auckland, 4 February 2016.

B. Documents

The Declaration of the Fourth Ministerial Conference of the World Trade Organization, Doha, 14 November 2001.

2012 U.S. Model Bilateral Investment Treaty.

C. Jurisprudence

World Trade Organization, Mexico– Anti-Dumping Investigation of High-Fructose Corn Syrup (HFCS) from the United States, Article 21.5, Appellate Body Report of 22 October 2001, WT/DS132/AB/RW.  

World Trade Organization, Mexico-Tax Measures on Soft Drinks and Other Beverages, Appellate Body Report of 6 March 2006, WT/DS308/AB/R.

International Centre for Settlement of Investment Disputes, Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States, 21 November 2007, ARB (AF)/04/5.

International Centre for Settlement of Investment Disputes, Corn Products International, Inc. v. United Mexican States, 15 January 2008, ARB (AF)/04/1.

International Centre for Settlement of Investment Disputes, Cargill, Incorporated v. United Mexican States, 18 September 2009, ARB (AF)/05/2.

World Trade Organization, Australia-Certain Measures Concerning Trademarks and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, Request for Consultations by Ukraine of 13 March 2012, WT/DS434/1.

World Trade Organization, Australia-Certain Measures Concerning Trademarks and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, Request for Consultations by Honduras of 4 April 2012, WT/DS435/1.

World Trade Organization, Australia-Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, Request for Consultations by the Dominican Republic of 18 July 2012, WT/DS441/1.

Permanent Court of Arbitration, Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, Pending, 2012-12.

World Trade Organization, Australia-Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, Request for Consultations by Cuba of 3 May 2013, WT/DS458.

World Trade Organization, Australia-Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, Request for Consultations by Indonesia of 20 September 2013, WT/DS467.

International Centre for Settlement of Investment Disputes, Philip Morris Brand Sàrl (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay) v. Oriental Republic of Uruguay, 26 September 2016, ARB/10/7.

D. Doctrine

J. James and M. Ewing-Chow, “A Clash of Treaties: The Lawfulness of Countermeasures in International Trade Law and International Investment Law”, The Journal of World Investment & Trade, vol. 16, 2015, pp. 274-313.