The New Tobacco Products Directive and WTO Law: Much Ado About Nothing?

Asian Journal of WTO & International Health Law and Policy, Vol. 10:115

42 Pages Posted: 29 Apr 2015

See all articles by Lukasz Gruszczynski

Lukasz Gruszczynski

Polish Academy of Sciences - Institute of Legal Studies ; Hungarian Academy of Sciences CSS Institute for Legal Studies

Date Written: March 30, 2015

Abstract

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.

Keywords: European Union, TBT Agreement, tobacco and international trade, tobacco control, Tobacco Products Directive, TRIPS Agreement, WTO

Suggested Citation

Gruszczynski, Lukasz Adam, The New Tobacco Products Directive and WTO Law: Much Ado About Nothing? (March 30, 2015). Asian Journal of WTO & International Health Law and Policy, Vol. 10:115. Available at SSRN: https://ssrn.com/abstract=2600037

Lukasz Adam Gruszczynski (Contact Author)

Polish Academy of Sciences - Institute of Legal Studies ( email )

Nowy Swiat St. 72
Warsaw, 04-074
Poland
+48 22 8267571 (Phone)
+48 22 8267853 (Fax)

HOME PAGE: http://www.inp.pan.pl

Hungarian Academy of Sciences CSS Institute for Legal Studies ( email )

Orszaghaz u 30.
Budapest, 1015
Hungary

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