Related Papers
European Journal of Law and Economics
The European Court of Justice and the Annulment of the Tobacco Advertisem*nt Directive: Friend of National Sovereignty or Foe of Public Health
2002 •
Takis Tridimas
In Case C-376/98 Germany v Council the European Court of Justice annulled a Directive which banned the advertisem*nt and sponsorship of tobacco. The judgment sanctions regulatory policy-making at the national rather than the Community level. The paper examines the legal basis of the annulment, its effect on economic efficiency and the implied role of the Court in the formulation of public policy in Europe. Within the institutional limits of the judicial power to determine policy, the Court focused on whether or not disparate national laws restrict free movement and distort competition and affirmed the primacy of the nation state to regulate economic activity.
Brill Open Law
The Legal Enforceability of Articles 8.2 and 5.3 of the who Framework Convention on Tobacco Control: The Case of the Netherlands
2018 •
Brigit Toebes, Gohar Karapetian
Since 2005, the who fctc is binding on the Netherlands. Since that time, the Dutch courts have addressed Articles 8.2 and 5.3 fctc on three occasions. In this article, we review these three cases in order to analyze the legal enforceability of Articles 8.2 and 5.3 fctc in the Netherlands. Special attention is paid to the role the guidelines and recommendations adopted by the Conference of the Parties played in these cases. We observe that the legal enforceability of both articles depends on the specific circ*mstances of the case. We argue that the Dutch courts should have given more careful consideration to the fctc guidelines and recommendations
Directive 2003/33/EC on Tobacco Advertising: A Comparative Study in the Czech Republic, Hungary and Slovakia
Emanuele Frezza
THE ROLE OF INTERNATIONAL LAW WITHIN NATIONAL LEGISLATION ON TOBACCO CONTROL
Luís Renato Vedovato
The present article, taking into account advances in international rights and the need for domestic implementation of Framework Convention on Tobacco Control (FCTC) standards, has the objective of analyzing the competence to bring domestic and international regulations to fruition, with the purpose of creating coordinated public policies for tobacco control. So, it is possible to argue that the FCTC, by means of its guidelines, laid down at the Conferences of the Parties (COPs) and which are binding to all members states of the convention, paves the way for international regulation. Domestically, such regulation has to observe DOP guidelines, there being leeway for organizations like Brazil’s ANVISA to bring those guidelines into action, such as the one related to FTCT articles 9 and 10, which limit the use of flavour additives in tobacco products, as a way of implementing international standards within the country. There is also no conflict between free enterprise and tobacco control given that, as stated by the Constitutional Court of Colombia in a process involving the constitutionality of restrictions to tobacco advertising, this is a market that should not be stimulated, but rather merely tolerated.
De Jure
The ramifications of the Appellate Body Ruling in United States - measures affecting the production and sale of clove cigarettes on consumer protection measures at international trade level
2017 •
omphemetse sibanda
Asian Journal of WTO & International Health and Policy
The New Tobacco Products Directive and WTO Law: Much Ado About Nothing?
2015 •
Lukasz Gruszczynski
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.
Tobacco industry attempts to undermine Article 5.3 and the “good governance” trap
2009 •
Gary J f*cks
The Framework Convention on Tobacco Control1 (FCTC), which has now been ratified by 166 countries, is the first global public health treaty to be developed by the World Health Organization and represents a crucial milestone for tobacco control.
Clinical Medicine
Tobacco control policy: the European dimension
2002 •
Anna Gilmore
The Journal of Law, Medicine & Ethics
Regulating Tobacco: The Need for a Public Health Judicial Decision-Making Canon
2002 •
Richard Daynard
ABSTRACT The U.S. Supreme Court has unnecessarily injured the public's health through its decisions in three tobacco cases. Perhaps the recognition of a judicial decision-making canon that makes public health concerns legally relevant could produce more supportive decisions in the future.
Asian Journal of WTO & International Health Law and Policy
The TBT Agreement and Tobacco Control Regulations
2013 •
Lukasz Gruszczynski
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).
