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Article
The TBT Agreement and Tobacco Control Regulations
Asian Journal of WTO & International Health Law and Policy (2013)
  • Lukasz A Gruszczynski, Institute of Law Studies, Polish Academy of Sciences
Abstract
The article analyses reports issued by the panel and the Appellate Body in the US – Measures Affecting the Productions and Sale of Clove Cigarettes dispute and attempts to assess their broader consequences for national tobacco control policies. Both reports are particularly important because they clarify the limits existing under WTO law, in particular the TBT Agreement, in this policy space. In this context, the article investigates whether the WTO dispute settlement bodies interpreted relevant rules of the TBT Agreement in a manner that provides countries with sufficient regulatory autonomy while ensuring at the same time that their technical measures do not create unnecessary obstacles to trade. It also examines the potential impact of standards established in these reports on other tobacco control measures that are either currently discussed in the TBT Committee (e.g., Canadian and Brazilian restrictions on the content of cigarettes) or already challenged in the formal WTO dispute settlement process (i.e. Australian plain packaging law).
Keywords
  • WTO,
  • clove cigarettes,
  • tobacco control measure,
  • tobacco and international trade,
  • plain packaging
Publication Date
October 24, 2013
Citation Information
Lukasz A Gruszczynski. "The TBT Agreement and Tobacco Control Regulations" Asian Journal of WTO & International Health Law and Policy Vol. 8 Iss. 1 (2013)
Available at: http://works.bepress.com/lukasz_gruszczynski/15/