A Conflict-of-Laws Approach to Competing Rationalities in International Law: The Case of Plain Packaging between IP, Trade, Investment and Health

41 Pages Posted: 8 Feb 2013

See all articles by Henning Grosse Ruse-Khan

Henning Grosse Ruse-Khan

University of Cambridge - Faculty of Law; Max Planck Institute for Innovation and Competition

Date Written: January 21, 2013

Abstract

The idea of employing conflict-of-laws principles to address competing rationalities in international law is unorthodox, but not new. Research focuses on inter-systemic conflicts between different areas of international law – but has stopped short of proposing conflict rules. This article goes a step further and reviews the wealth of private international law approaches and how they can contribute to applying rules of another, ‘foreign’ system. Against the background global intellectual property rules and their interfaces with trade, investment, health and human rights, the dispute over plain packaging of tobacco products serves as test case for conflict-of-laws principles. It shows how these principles allow a forum to apply external rules – beyond interpretative concepts such as systemic integration.

Keywords: conflict of laws, conflict of norms, plain packaging, international intellectual property law

Suggested Citation

Grosse Ruse-Khan, Henning, A Conflict-of-Laws Approach to Competing Rationalities in International Law: The Case of Plain Packaging between IP, Trade, Investment and Health (January 21, 2013). Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 13-05 . Available at SSRN: https://ssrn.com/abstract=2204980 or http://dx.doi.org/10.2139/ssrn.2204980

Henning Grosse Ruse-Khan (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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