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2013, European journal of risk regulation
Within the World Trade Organization (‘WTO’), regulatory measures of Canada and the United States restricting ‘flavouring’ of tobacco products including cigarettes with additives such as chocolate, clove and sweeteners are under challenge. At the same time, the tobacco lobby continues to target other tobacco control measures on the basis that they violate international trade or investment law, including Australia’s plain packaging proposal, Uruguay’s stricter labelling requirements, and Norway’s display ban. The WTO-consistency of regulatory restrictions on tobacco flavouring provides an informative case study of the relationship between tobacco control and international economic law. The WTO’s General Agreement on Tariffs and Trade 1994 and Agreement on Technical Barriers to Trade grant WTO Members significant flexibility in implementing genuine health measures including these kinds of restrictions. Nevertheless, to ensure WTO-consistency, tobacco flavouring measures must be carefully designed to achieve their health objectives based on available scientific and empirical evidence, avoiding unnecessary discrimination against or between imported tobacco products and unjustified barriers to international trade. Exemptions for additives that cause direct or indirect harm by masking tobacco harshness, attracting certain groups of consumers such as young people, or increasing the toxicity or addictiveness of tobacco products, are likely to undermine a Member’s health goals and in turn its claim of WTO-consistency.
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad, 2015
Journal of World Trade, 2015
The article analyzes three recent proposals made by the State-Parties to the Framework Convention on Tobacco Control (FCTC), which appears to be relevant for determining the relationship between trade and health rules in the area of tobacco control. In this context, it attempts to answer the following questions: (i) what is the legal status of decisions made by the Conference of the Parties (COP) to the FCTC?; (ii) how does a COP decision (or any applicable provision of the FCTC) affect the mandate of WTO dispute settlement bodies to hear and decide WTO cases?; and (iii) to what extent can a COP decision (or any applicable provision of the Convention) require FCTC State-Parties to exclude tobacco and tobacco products from their future preferential trade agreements (PTAs). The article comes to the conclusion that COP decisions lack of any binding character, while provisions of the Convention do not affect the jurisdiction of WTO panels to hear complaints concerning potential violations of WTO law nor require carving out tobacco products from PTAs.
Public Health and Plain Packaging of Cigarettes, 2000
A. Ziegler, P. Hilpold, P. Mavroidis, S. Schneider (eds.), Reflections on the Constitutionalisation of International Economic Law - Liber Amicorum Ernst-Ulrich Petersmann, Martinus Nijhoff Publishers, 2014
This chapter is structured as follows: the first section briefly introduces the current regulatory practice in tobacco control. The second section turns to WTO rules and analyses their impact on domestic measures addressing the problem of tobacco use. This discussion refers to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the Agreement on Technical Barriers to Trade (TBT Agreement), and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This section also identifies some tensions that may exist between antitobacco policies and international trade obligations. The last section makes some tentative observations on how to reconcile the free trade paradigm embodied in the WTO with the need to ensure regulatory space for Members when adopting tobacco-related measures.
Health Economics eJournal, 2010
Within the World Trade Organization (‘WTO’), regulatory measures of Canada and the United States restricting ‘flavouring’ of tobacco products including cigarettes with additives such as chocolate, clove and sweeteners are under challenge. At the same time, the tobacco lobby continues to target other tobacco control measures on the basis that they violate international trade or investment law, including Australia’s plain packaging proposal, Uruguay’s stricter labelling requirements, and Norway’s display ban. The WTO-consistency of regulatory restrictions on tobacco flavouring provides an informative case study of the relationship between tobacco control and international economic law. The WTO’s General Agreement on Tariffs and Trade 1994 and Agreement on Technical Barriers to Trade grant WTO Members significant flexibility in implementing genuine health measures including these kinds of restrictions. Nevertheless, to ensure WTO-consistency, tobacco flavouring measures must be careful...
Asian Journal of WTO & International Health Law and Policy, 2013
The article analyses reports issued by the panel and the Appellate Body in the US – Measures Affecting the Productions and Sale of Clove Cigarettes dispute and attempts to assess their broader consequences for national tobacco control policies. Both reports are particularly important because they clarify the limits existing under WTO law, in particular the TBT Agreement, in this policy space. In this context, the article investigates whether the WTO dispute settlement bodies interpreted relevant rules of the TBT Agreement in a manner that provides countries with sufficient regulatory autonomy while ensuring at the same time that their technical measures do not create unnecessary obstacles to trade. It also examines the potential impact of standards established in these reports on other tobacco control measures that are either currently discussed in the TBT Committee (e.g., Canadian and Brazilian restrictions on the content of cigarettes) or already challenged in the formal WTO dispute settlement process (i.e. Australian plain packaging law).
Asian Journal of WTO & International Health and Policy, 2015
The article analyses the compatibility of various regulatory mechanisms provided by the new Tobacco Products Directive (TPD) with the requirements of WTO law, in particular those included in the TBT and TRIPS Agreements. After introducing basic provisions of the directive and summarizing the concerns raised by some WTO Members during meetings of the TBT Committee and the TRIPS Council, the article discusses in more detail the merits of those claims. It finds that concerns expressed by the WTO Members are generally overstated, as most TPD provisions, except for the temporal menthol exception, are WTO-compatible. The article also notes that significance of its conclusions goes beyond the specific context of the EU measure. The TPD introduces many progressive regulatory solutions which, although not being entirely original, are still at the forefront of contemporary tobacco control policies and will be adopted in the future in other jurisdictions. On that basis, the article concludes that WTO law, while imposing certain standards, generally does not stand against genuine tobacco control policies that are adopted in a non-discriminatory manner.
European Journal of Risk Regulation, 2018
The objective of this paper is to provide a concise summary of the most important findings of the WTO panel in the plain packaging dispute and to offer some initial comments on one specific problem, ie the approach of the panel to the WHO Framework Convention on Tobacco Control (FCTC) and its guidelines. In this context, the paper discusses two interrelated issues that were dealt with by the panel: (i) the possibility of classifying the FCTC guidelines as international standards; and (ii) the broader relevance of the FCTC and its guidelines in the context of WTO law.
TradeLinks, 2019
The blogpost analyzes the panel report in Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging. In this context, it addresses two issues: (i) the role that is played by the WHO Framework Convention on Tobacco Control – an international agreement that sets global standards for national tobacco control policies – in the context of WTO law, and (ii) the extent of trademark protections provided by the WTO TRIPS Agreement.
Samaritans Through the Ages: Studies on Samaritan History, Texts, Interpretation, Linguistics and Manuscripts. Berlin: de Gruyter (Studia Samaritana 14), 2024
Festschrift Klaus Bruhn, 1994
Brami, M.; Emra, S.; Muller, A.; Preda-Bălănică, B.; Irvine, B.; Milić, B.; Malagó, A.; Meheux, K. and Fernández-Götz, M. (2023): A Precarious Future: Reflections from a Survey of Early Career Researchers in Archaeology. European Journal of Archaeology 26(2): 226-250.
.العدد الثالث من المجلة الموريتانية للدراسات الفلسفية والفكرية ز الصفحات :68-111, 2023
FRCR Physics MCQs in Clinical Radiology
SOCIOLOGÍA Y TRABAJO SOCIAL EN EL MERCADO LABORAL CHILENO: UN ANÁLISIS SOCIOLÓGICO, 2012
Український визвольний рух, 2012
Militaergeschichtliche Zeitschrift, 2020
Ínsula. Revista de Letras y Ciencias Humanas, 2024
The European Physical Journal D, 2009
Journal of the American Chemical Society, 2018
arXiv (Cornell University), 2023
Journal of neuropathology and experimental neurology, 2018
Heródoto, 2018
Iranian Journal of Animal Biosystematics, 2012