scholarly journals The Global Tobacco Epidemic, the Plain Packaging of Tobacco Products, and the World Trade Organization

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
World Trade Organization ◽  
Tobacco Control ◽  
World Trade ◽  
Essential Medicines ◽  
Tobacco Products ◽  
Plain Packaging ◽  
The World ◽  
Tobacco Epidemic ◽  
The Government

In response to complaints by Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia, the Government of Australia has defended the introduction of plain packaging of tobacco products in the World Trade Organization. This article focuses upon the legal defence of Australia before the WTO Panel. A key part of its defence has been the strong empirical evidence for the efficacy of plain packaging of tobacco products as a legitimate health measure designed to combat the global tobacco epidemic. Australia has provided a convincing case that plain packaging of tobacco products is compatible with the TRIPS Agreement 1994 – particularly the clauses relating to the aims and objectives of the agreement; the requirements in respect of trade mark law; and the parallel measures in relation to access to essential medicines. Australia has also defended the consistency of plain packaging of tobacco products with the TBT Agreement 1994. Moreover, Australia has provided clear reasons for why the plain packaging of tobacco products is compatible with GATT. The position of Australia has been reinforced by a number of third parties – such as New Zealand, the United Kingdom, Ireland, Norway, Canada, and others - which have also been pioneers in tobacco control and public health. Australia’s leadership in respect of tobacco control and plain packaging of tobacco products is further supported by larger considerations in respect of international public health law, human rights, and sustainable development.

scholarly journals The Global Tobacco Epidemic, the Plain Packaging of Tobacco Products, and the World Trade Organization

2018 ◽  
Vol 17 (2) ◽  
pp. 131 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
World Trade Organization ◽  
Tobacco Control ◽  
World Trade ◽  
Essential Medicines ◽  
Tobacco Products ◽  
Plain Packaging ◽  
The World ◽  
Tobacco Epidemic ◽  
The Government

In response to complaints by Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia, the government of Australia has defended the introduction of plain packaging of tobacco products in the World Trade Organization. This article focuses upon the legal defence of Australia before the WTO Panel. A key part of its defence has been the strong empirical evidence for the efficacy of plain packaging of tobacco products as a legitimate health measure designed to combat the global tobacco epidemic. Australia has provided a convincing case that plain packaging of tobacco products is compatible with the TRIPS Agreement 1994, particularly the clauses relating to the aims and objectives of the agreement; the requirements in respect of trade mark law; and the parallel measures in relation to access to essential medicines. Australia has also defended the consistency of plain packaging of tobacco products with the TBT Agreement 1994. Moreover, Australia has provided clear reasons for why the plain packaging of tobacco products is compatible with GATT. The position of Australia has been reinforced by a number of third parties — such as New Zealand, the United Kingdom, Ireland, Norway, Canada, and others — which have also been pioneers in tobacco control and public health. Australia’s leadership in respect of tobacco control and plain packaging of tobacco products is further supported by larger considerations in respect of international public health law, human rights, and sustainable development.

scholarly journals The Plain Packaging of Tobacco Products

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
New Zealand ◽  
Tobacco Control ◽  
World Trade ◽  
Dispute Settlement ◽  
Research Front ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Trinity College Dublin ◽  
The World

The Plain Packaging of Tobacco ProductsThis special edition of the QUT Law Review considers the international debate over the introduction of Australia's pioneering plain packaging of tobacco products. This collection explores the various legal issues raised by tobacco control under public health law, constitutional law, intellectual property, international law, international trade, investor-state dispute settlement, human rights, and sustainable development. Australian scholars consider Australia's legal defence of plain packaging of tobacco products in an array of arenas - including the High Court of Australia, an investor-state dispute settlement tribunal, and the World Trade Organization. International experts consider the introduction of plain packaging of tobacco products in New Zealand, Ireland, the United Kingdom, Canada, and other pioneering public health countries. This collection also considers the adoption of new complementary tobacco control measures - such as tobacco divestment initiatives.ForewordThe Hon. Nicola Roxon (Victoria University)It gives me great pleasure to write a forward on this topic at a time when there is such a groundswell of international support for plain packaging of tobacco products. World No Tobacco today in 2016 had as its tag line “Get ready for plain packaging” and the world’s health ministers are doing just that.When Australia became the first country in the world to remove all colours and logos on tobacco packs in 2011 – recognising their allure to young new smokers – the tobacco industry tried every move in their book to stop us. Lobbying, donations, advertising campaigns, threats, dodgy research, front groups, overblown claims and legal action dominated our political debate for two years. When all these local manoeuvres failed, the industry switched its effort to ensuring we were the only country to take this step.Writing in November 2016, it is clear that those efforts, both local and international, have manifestly failed. Country after country – France, the UK, Ireland, Canada, Norway, New Zealand – are implementing plain packaging, passing their laws or consulting with the community before introduction and many more countries will move this way in the coming months and years.Plain packaging of tobacco products is now truly an international movement. It is an epidemic of the best sort, as countries catch on to its value, purpose and ease of implementation. We will now see its introduction spread like wildfire around the world.When we announced the introduction of plain packaging in Australia, it was a world first.The Government I was part of has received much praise for our resolve and foresight to see this through, from smooth implementation to the great early results already showing significant impact in the reduction of smoking rates across the country. ...(1) 'Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond'Dr Catherine Bond (UNSW)(2) 'Regulatory Chill: Learnings from New Zealand's Plain Packaging Tobacco Law'Professor Jane Kelsey (University of Auckland)(3) 'Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation'Dr Eoin O’Dell (Trinity College Dublin)(4) 'The Tobacco Industry's Challenge to the United Kingdom's Standardised Packaging Legislation - Global Lessons for Tobacco Control Policy?'Professor Jonathan Griffiths (Queen Mary, University of London)(5) 'Making the Case for Canada to Join the Tobacco Plain Packaging Revolution'Dr Becky Freeman (University of Sydney)(6) 'Investor-State Dispute Settlement and Tobacco Control: Implications for Non-Communicable Diseases Prevention and Consumption-Control Measures'Dr Hope Johnson (QUT)(7) 'The Global Tobacco Epidemic, The Plain Packaging of Tobacco Products, and the World Trade Organization'Professor Matthew Rimmer (QUT)(8) 'Tobacco-Free Investment: Harnessing the Power of the Finance Industry in Comprehensive Tobacco Control'Dr Bronwyn King, Clare Payne, and Emily Stone (Tobacco-Free Futures)

Appellate Body Report, United States – Clove Cigarettes

2012 ◽  
Vol 3 (2) ◽  
pp. 251-256 ◽  
Author(s):  
Benn McGrady
Keyword(s):  
Public Health ◽  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
Case Note ◽  
Tobacco Products ◽  
Appellate Body ◽  
The Us ◽  
The World

In September 2011, the World Trade Organization (WTO) released the report of a panel tasked with considering a complaint brought by Indonesia concerning prohibitions on certain flavored tobacco products implemented by the United States (US). The panel concluded that the US violated WTO law and recommended that the US be asked to bring its laws into conformity with WTO law.The US appealed the panel's decision. The Appellate Body of the WTO upheld the panel report on April 4, 2012. This case note gives a brief overview of the Appellate Body's report and examines the implications for tobacco control and public health more generally.

THE IMPLICATIONS OF THE WTO TOBACCO PLAIN PACKAGING DISPUTES FOR PUBLIC HEALTH MEASURES

2021 ◽  
Vol 70 (4) ◽  
pp. 1011-1027
Author(s):  
Andrew David Mitchell ◽  
Theodore Samlidis
Keyword(s):  
Public Health ◽  
World Trade ◽  
Tobacco Industry ◽  
Plain Packaging ◽  
Health Measures ◽  
Appellate Body ◽  
The World ◽  
Investment Law ◽  
Trade And Investment ◽  
Wto Agreements

AbstractAustralia became the first country to introduce standardised or plain packaging laws for tobacco products in 2011. However, they immediately came under direct and indirect challenge from the tobacco industry in various domestic and international fora, including at the World Trade Organization (WTO). The WTO-consistency of Australia's measures was not settled until June 2020, when the Appellate Body upheld two WTO panels’ earlier findings that Australia had acted consistently with its obligations under certain WTO agreements. This article critically analyses the Appellate Body's key findings and their implications for implementing other public health measures. It is shown that these implications are multifaceted, have political, practical and legal dimensions and are likely to reach beyond the WTO dispute resolution system's bounds into other international trade and investment law contexts.

scholarly journals The Chilling Effect: Investor-State Dispute Settlement, Graphic Health Warnings, the Plain Packaging of Tobacco Products, and the Trans-Pacific Partnership

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
Tobacco Control ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Control Measures ◽  
The European Union ◽  
Health Warnings ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Philip Morris

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.

scholarly journals Japanese Response to Indonesian Law Banning the Export of Raw Minerals

2018 ◽  
Vol 9 (18) ◽  
pp. 50
Author(s):  
Tai Fang Yi
Keyword(s):  
World Trade Organization ◽  
Coal Mining ◽  
World Trade ◽  
Raw Material ◽  
Export Activity ◽  
The World ◽  
The Law ◽  
The Government ◽  
Minerals Processing ◽  
Bahasa Indonesia

<p>The government of Indonesia enacted a policy banning the export of raw minerals in 2009, materialized in Law No. 04 of 2009 on Mineral and Coal Mining. The law mandated the raw minerals processing inside the country before they can be exported to other countries by the year 2014. This policy has drawn response from the government of Japan as one of the importing countries. Japan had threatened to report to the World Trade Organization regarding the issue because they complained that the policy violates the General Agreement on Tariffs and Trade. This study discusses how the policy is in the effort of Indonesia to develop its nation without any intention to harm any other countries. The justification of the enactment of the policy is mandated under the 1945 Constitution and the policy in essence does not deny the General Agreement on Tariffs and Trade. The enactment of the policy has affected the raw minerals export activity in Indonesia when export activity reached its peak in 2013 and also the last year raw material export was allowed. The policy might also have impacts on Japanese mining industries which relies on the import of raw minerals from Indonesia and those having investments in Indonesian mining industries. Japan at the end cancelled its intention to report Indonesia to the World Trade Organization and agreed to solve the dispute through bilateral solutions.</p><p>BAHASA INDONESIA ABSTRAK: Pemerintah Indonesia memberlakukan kebijakan yang melarang ekspor mineral mentah pada tahun 2009 yang terwujud dalam Undang-Undang No. 04 Tahun 2009 tentang Pertambangan Mineral dan Batubara. Undang-Undang tersebut mengamanatkan pemrosesan mineral mentah di dalam negeri sebelum dapat diekspor ke negara lain mulai dari tahun 2014. Kebijakan ini telah menarik tanggapan dari pemerintah Jepang sebagai salah satu negara pengimpor. Jepang telah mengancam untuk melapor kepada Organisasi Perdagangan Dunia mengenai masalah ini karena mereka mengeluhkan bahwa kebijakan tersebut melanggar Persetujuan Umum tentang Tarif dan Perdagangan. Studi ini membahas bagaimana kebijakan tersebut adalah upaya Indonesia untuk mengembangkan negaranya tanpa ada niat untuk menyakiti negara lain. Pembenaran atas berlakunya kebijakan tersebut diamanatkan di bawah UUD 1945 dan pada intinya, kebijakan tersebut tidak menyalahi Persetujuan Umum tentang Tarif dan Pertambangan. Pemberlakuan kebijakan tersebut telah mempengaruhi aktivitas ekspor mineral mentah di Indonesia di mana kegiatan ekspor mineral mentah paling tinggi pada tahun 2013 yang merupakan tahun terakhir di mana mineral mentah diizinkan untuk diekspor. Kebijakan tersebut memiliki dampak yang mungkin terjadi bagi industri pertambangan Jepang yang mengandalkan impor mineral mentah dari Indonesia dan yang memiliki investasi di industri pertambangan Indonesia. Jepang pada akhirnya membatalkan niatnya untuk melaporkan Indonesia ke Organisasi Perdagangan Dunia dan sepakat untuk menyelesaikan perselisihan tersebut melalui solusi bilateral.</p>

The World Trade Organization

2018 ◽  
Author(s):  
Suerie Moon ◽  
Thirukumaran Balasubramaniam
Keyword(s):  
Human Rights ◽  
World Trade Organization ◽  
Tobacco Control ◽  
World Trade ◽  
Access To Medicines ◽  
Control Measures ◽  
Public Health Services ◽  
Major Power ◽  
The World ◽  
Health Related

The ability of governments to protect and promote health-related human rights can be constrained by international trade rules, including those of the World Trade Organization (WTO). The WTO rules can increase medicine prices, challenge tobacco control measures, restrict national food safety policies, and facilitate brain drain from public health services. This chapter offers a brief history of the WTO’s origins, a high-level overview of the health implications of various WTO agreements, and a closer look at how two key issues—access to medicines and tobacco control—have created greater policy space for health within the WTO. It then identifies the institutional factors that promote or hinder human rights protection and offers conclusions on the prospects for institutionalization of health-related human rights. This chapter concludes that protecting health within the WTO and broader global trade regime is possible, but remains a significant challenge due to major power asymmetries.

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