Abstract

http://ssrn.com/abstract=1995015
 


 



Face Off: Assessing WTO Challenges to Australia's Scheme for Plain Tobacco Packaging


Andrew D. Mitchell


University of Melbourne - Melbourne Law School

Tania S. Voon


University of Melbourne - Melbourne Law School

August 26, 2011

Public Law Review, Vol. 22, No. 3, pp. 218–240, 2011

Abstract:     
Australia is set to become the first country in the world to implement a scheme mandating the plain packaging of tobacco products. The outcome of the scheme in Australia in the coming months and years will establish a critical precedent for both tobacco control interests and the tobacco industry. Among the various legal and other avenues that tobacco companies and others are pursuing in challenging the scheme, the claim is frequently made that the scheme violates Australia’s obligations as a Member of the World Trade Organization. However, a careful analysis demonstrates that plain tobacco packaging as envisaged by Australia is consistent with all relevant World Trade Organization agreements.

Number of Pages in PDF File: 19

Keywords: plain packaging, tobacco control, World Trade Organization (WTO), Agreement on Technical Barriers to Trade (TBT Agreement), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)

JEL Classification: K33, F13

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Date posted: January 31, 2012  

Suggested Citation

Mitchell, Andrew D. and Voon, Tania S., Face Off: Assessing WTO Challenges to Australia's Scheme for Plain Tobacco Packaging (August 26, 2011). Public Law Review, Vol. 22, No. 3, pp. 218–240, 2011 . Available at SSRN: http://ssrn.com/abstract=1995015

Contact Information

Andrew D. Mitchell
University of Melbourne - Melbourne Law School ( email )
The University of Melbourne
Victoria, 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)
HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell
Tania Voon (Contact Author)
University of Melbourne - Melbourne Law School ( email )
University of Melbourne
Victoria 3010
Australia
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