scholarly journals Protocol to eliminate illicit trade in tobacco products: the dawn of a new era

10.21149/8208 ◽  
2017 ◽  
Vol 59 ◽  
pp. 8
Author(s):  
Vera Luiza Da Costa e Silva

The WHO Framework Convention on Tobacco Control (WHO FCTC) is the United Nations tobacco control treaty, fostering public health in previously neglected areas. 179 countries as well as the European Union are WHO FCTC Parties, and it comprises both the Northern and Southern hemispheres. Intergovernmental and non-governmental organizations are active observers. It is a powerful alliance for a serious problem – the huge global epidemic caused by tobacco...

2018 ◽  
Author(s):  
Matthew Rimmer

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2003 from further investor and trade challenges.


2018 ◽  
Vol 7 (1) ◽  
pp. 76-93 ◽  
Author(s):  
Matthew Rimmer

Investor-State Dispute Settlement (ISDS) poses significant challenges in respect of tobacco control, public health, human rights, and sustainable development. Two landmark ISDS rulings provide procedural and substantive guidance on the interaction between ISDS and tobacco control. The ISDS action by Philip Morris against Uruguay in respect to graphic health warnings raised important procedural and substantive issues. The ISDS matter between Philip Morris and Australia over the plain packaging of tobacco products highlighted matters in respect of abuse of process. In the Trans-Pacific Partnership (TPP), there was a special exclusion for tobacco control measures in respect of ISDS. There was also a larger discussion about the role of general public health exceptions. In the Comprehensive Economic and Trade Agreement (CETA), there was a debate about the application of ISDS to intellectual property rights. In the European Union, there has been discussion of the creation of an international investment court. In the renegotiation of the North American Free Trade Agreement (NAFTA), there has even been calls to abolish ISDS clauses altogether from both Republicans and Democrats. This article concludes there is a need to protect tobacco control measures implementing the WHO Framework Convention on Tobacco Control 2013 from further investor and trade challenges.


2016 ◽  
Vol 43 (2) ◽  
pp. 59-127 ◽  
Author(s):  
Devrimi Kaya ◽  
Robert J. Kirsch ◽  
Klaus Henselmann

This paper analyzes the role of non-governmental organizations (NGOs) as intermediaries in encouraging the European Union (EU) to adopt International Accounting Standards (IAS). Our analysis begins with the 1973 founding of the International Accounting Standards Committee (IASC), and ends with 2002 when the binding EU regulation was approved. We document the many pathways of interaction between European supranational, governmental bodies and the IASC/IASB, as well as important regional NGOs, such as the Union Européenne des Experts Comptables, Économiques et Financiers (UEC), the Groupe d'Etudes des Experts Comptables de la Communauté Économique Européenne (Groupe d'Etudes), and their successor, the Fédération des Experts Comptables Européens (FEE). This study investigates, through personal interviews of key individuals involved in making the history of the organizations studied, and an extensive set of primary sources, how NGOs filled key roles in the process of harmonization of international accounting standards.


1997 ◽  
Vol 32 (3) ◽  
pp. 399-420 ◽  
Author(s):  
S. Neil MacFarlane

FOR SOME YEARS NOW, WESTERN ACADEMICS AND POLICY-MAKERS HAVE embraced the cause of democratic reform in Central and Eastern Europe. To take but one well-known example, President Clinton in the 1994 State of the Union Address cited the absence of war among democracies as a reason for promotion of democracy around the world. Assistance to former Warsaw Pact and newly independent states has been made conditional to varying degrees on the acceptance of democratic change. The Organization for Security and Cooperation in Europe, the European Union, the United States Agency for International Development and associated non-governmental organizations have unleashed armies of promoters of democracy throughout the region to: observe elections; monitor human rights; draft new constitutions and laws defending civil and political rights; train judges and police personnel; and organize and assist political parties, media and non-governmental pressure groups. In short, they have sought to transplant the fabric of civil society and democratic institutions. These armies have landed on terrain often quite foreign to them and have often displayed little sensitivity to the social, economic and political context in which they are operating. This may have contributed to results other than those intended.


2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.


Author(s):  
Dhwanit Thakore ◽  
Mahesh Chavda ◽  
Girish Parmar ◽  
Tejal Sheth

Tobacco use- a major public health issue in India has an enormous effect on the lower SES population. . There is an evident link between tobacco use or consumption and poverty. The widespread use of almost all forms of tobacco among the Indian population can be attributed to the social and cultural acceptance in the country. Cigarette and Other Tobacco Products Act, 2003 (COTPA) is the legislation that regulates tobacco in India. The prime objective of this review is to compile the literature with information about the laws regulating tobacco use and the status of implementation of tobacco control provisions covered under COTPA. Since effective tobacco control measures involve multi-stakeholders i.e public health, law, trade and commerce, industry, consumer, human rights and child development, coordinated efforts are required to successful enforcement. The outcome of the current literature is bridging the gaps to make the tobacco control a very important public health goal and thereby protect the population from the consequent morbidity and mortality due to tobacco use.


2016 ◽  
pp. 245-255
Author(s):  
Massoud Samiei

Despite all the progress made in cancer research and in the fight against cancer, the disease cannot be completely eradicated in the foreseeable future. A logical public health measure must therefore focus all efforts on preventing and confining the disease, i.e. a systematic and coordinated approach to reduce the impact of cancer on populations. Such an organised approach is called cancer control. It forms part of a holistic and coordinated approach, called a national cancer control plan/ programme (NCCP), involving the public sector, non-governmental organizations, academia, and the private sector. Policy makers and cancer advocacy groups should consider cancer control planning, and its financing and implementation, a public health necessity and not an option. The model proposed here is a hybrid one. The success of cancer control planning depends greatly on the availability and functionality of local cancer data and knowledge, in addition to adequate resources and government commitment.


1994 ◽  
Vol 14 (4) ◽  
pp. 345-359 ◽  
Author(s):  
Alvin E. Winder ◽  
Ted T. L. Chen ◽  
William C. Mfuko

This study addresses the question: has the opening of their markets to American tobacco products in Japan, South Korea, and Taiwan led to an increase in smoking behavior among women and youth? The data on smoking rates for women and youth is presented. This data was obtained for each country before markets were opened to the importation of American tobacco products through the agency of non-governmental organizations in these countries. Comparison data was obtained from similar Asian countries whose markets were not opened. The data from Japan, South Korea, and Taiwan show a sizeable increase in smoking rates for women and youth. The authors believe, based upon anecdotal data, that importation of tobacco products combined with aggressive marketing and advertising by American firms is, in a good measure, responsible for the reported increase.


Water ◽  
2019 ◽  
Vol 11 (2) ◽  
pp. 297 ◽  
Author(s):  
Laura Kemper ◽  
Lena Partzsch

Organic and fair trade campaigns bring water sustainability onto public agendas, such as for example in the cotton/textile sector. Armedangels, a German company, advertises its t-shirts by arguing that their production requires only 1/10th of the water required in conventional production. This article studies the ambitions of such corporate agenda-setters. Methodologically, we develop a framework that contains six criteria and nine indicators, which allow us to code and assess the certification standards. In addition, we conducted semi-structured interviews, group discussions, and participatory observations in order to better understand whose agendas certification is promulgating. The criteria encompass the social and environmental dimensions of water sustainability. Our cases include Naturland (a private organic standard), the European Union (EU) Organic Regulation (a public organic standard), the Fairtrade Labeling Organization (FLO) (a fair trade initiative), and the Fair for Life (FFL) standard (an organic and fair trade standard). Our study also looks at the Better Cotton Initiative (BCI) and Cotton made in Africa (CmiA), which are two multi-stakeholder initiatives that operate on the conventional market in cooperation with non-governmental organizations (NGOs). The findings demonstrate that organic and fair trade companies rightly present themselves as water policy entrepreneurs. However, crucial aspects of water sustainability remain hidden. In particular, there is a cleavage between the environmental agendas of organic movements and NGOs that are represented in certification and the urgent social water problems in the Global South.


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