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Article
Tobacco and international trade - recent activities of the FCTC Conference of the Parties
Journal of World Trade (2015)
  • Lukasz A Gruszczynski, Institute of Law Studies, Polish Academy of Sciences
Abstract
The article analyzes three recent proposals made by the State-Parties to the Framework Convention on Tobacco Control (FCTC), which appears to be relevant for determining the relationship between trade and health rules in the area of tobacco control. In this context, it attempts to answer the following questions: (i) what is the legal status of decisions made by the Conference of the Parties (COP) to the FCTC?; (ii) how does a COP decision (or any applicable provision of the FCTC) affect the mandate of WTO dispute settlement bodies to hear and decide WTO cases?; and (iii) to what extent can a COP decision (or any applicable provision of the Convention) require FCTC State-Parties to exclude tobacco and tobacco products from their future preferential trade agreements (PTAs). The article comes to the conclusion that COP decisions lack of any binding character, while provisions of the Convention do not affect the jurisdiction of WTO panels to hear complaints concerning potential violations of WTO law nor require carving out tobacco products from PTAs.
Keywords
  • tobacco control,
  • FCTC,
  • WTO,
  • COP,
  • PTA,
  • dispute settlement
Publication Date
2015
Citation Information
Lukasz A Gruszczynski. "Tobacco and international trade - recent activities of the FCTC Conference of the Parties" Journal of World Trade Vol. 49 Iss. 4 (2015) p. 665 - 684
Available at: http://works.bepress.com/lukasz_gruszczynski/25/