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

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

19 Pages Posted: 31 Jan 2012  

Andrew D. Mitchell

University of Melbourne - Melbourne Law School

Tania S.L. Voon

University of Melbourne - Melbourne Law School

Date Written: August 26, 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.

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

Suggested Citation

Mitchell, Andrew D. and Voon, Tania S.L., 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: https://ssrn.com/abstract=1995015

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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