Tobacco Plain Packaging, The World Trade Organization and the WHO Framework Convention on Tobacco Control

In Stephen Matlin and Ilona Kickbusch, Pathways to Global Health: Case Studies in Global Health Diplomacy (Volume 2) (World Scientific, February 2017) 211-251

26 Pages Posted: 13 Mar 2019

See all articles by Jonathan Liberman

Jonathan Liberman

Melbourne Law School and Melbourne School of Population and Global Health

Suzanne Zhou

McCabe Centre for Law & Cancer; University of Cambridge - Trinity Hall; University of Melbourne

Date Written: February 2017

Abstract

Australia’s tobacco plain packaging laws are facing challenge in the World Trade Organization (WTO). The laws are non-discriminatory and are supported by the WHO Framework Convention on Tobacco Control, and decisions taken by its governing body, the Conference of the Parties, comprising the now 180 States Parties to the treaty. A number of countries stand poised to implement similar laws. The tobacco plain packaging challenges invite a host of questions about the relationships between international laws, norms and processes developed by States through different fora (including the UN General Assembly, the World Health Organization and WTO), and the impacts of these laws, norms and processes on individual States. These questions have particular significance for global efforts to reduce the growing burden of noncommunicable diseases, and their impacts on global development. The resolution of the challenges will carry many lessons for global health governance, and multisectoral global governance more generally.

Keywords: World Trade Organization, WHO Framework Convention on Tobacco Control, global health diplomacy, global health governance

JEL Classification: K33

Suggested Citation

Liberman, Jonathan and Zhou, Suzanne, Tobacco Plain Packaging, The World Trade Organization and the WHO Framework Convention on Tobacco Control (February 2017). In Stephen Matlin and Ilona Kickbusch, Pathways to Global Health: Case Studies in Global Health Diplomacy (Volume 2) (World Scientific, February 2017) 211-251, Available at SSRN: https://ssrn.com/abstract=3339726

Jonathan Liberman (Contact Author)

Melbourne Law School and Melbourne School of Population and Global Health ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

Suzanne Zhou

McCabe Centre for Law & Cancer ( email )

615 St Kilda Road
Melbourne, Victoria 3004
Australia

University of Cambridge - Trinity Hall ( email )

Trinity Lane
Cambridge, CB2 1TJ
United Kingdom

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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