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Public Health and Plain Packaging of Cigarettes

Legal Issues Edited by Tania Voon, Professor and Associate Dean (Research), Melbourne Law School, University of Melbourne, Andrew D. Mitchell, Professor, Melbourne Law School, The University of Melbourne, Australia and Jonathan Liberman, Director, McCabe Centre for Law and Cancer, a joint initiative of Cancer Council Victoria and Union for International Cancer Control, Australia with Glyn Ayres, Melbourne Law School, University of Melbourne, Australia
The book offers an in-depth exploration of relevant domestic and international legal questions in fields such as intellectual property, constitutional law, health, trade and investment. The authors’ analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally. The answers to these questions are of vital interest not only to Australia but also to the international community, with states’ regulatory sovereignty increasingly being challenged in local and international courts and tribunals.
Extent: 288 pp
Hardback Price: £95.00 Web: £85.50
Publication Date: 2012
ISBN: 978 0 85793 942 5
Availability: Out of Stock
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  • Law - Academic
  • Health Law
  • Intellectual Property Law
  • International Investment Law
  • Public International Law
  • International Economic Law, Trade Law
Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. This detailed book, written by health and legal experts from institutions around the globe, examines legal issues arising from Australia’s world-first introduction of mandatory plain packaging of tobacco products.

The book offers an in-depth exploration of relevant domestic and international legal questions in fields such as intellectual property, constitutional law, health, trade and investment. The authors’ analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally. The answers to these questions are of vital interest not only to Australia but also to the international community, with states’ regulatory sovereignty increasingly being challenged in local and international courts and tribunals.

This timely study is designed to assist international organisations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here.
‘If you’re interested in tobacco regulation in the international arena, buy this book. With its massive array of research resources, including extensive bibliography and lists of legal instruments, documents, cases and awards, it will certainly assist and inform practitioners, scholars and policy makers in law, medicine and public health worldwide.’
– Phillip Taylor and Elizabeth Taylor, The Barrister Magazine

‘The thoughtful book edited by Tania Voon and her colleagues provides some valuable insights into the explosion of international activity stimulated by the Australian plain packaging legislation. . . This book provides a timely and thoughtful frame of reference for the tobacco control debate.’
– Michael Blakeney, European Intellectual Property Review

‘Voon, Mitchell, and Liberman offer a penetrating analysis of the monumental struggle against smoking in the 21st century – the leading preventable cause of death in the world. Their book is undoubtedly the seminal scholarly examination of plain packaging of tobacco products. “Big Tobacco” is challenging plain packaging rules in trade, investment, and constitutional forums around the world. It is simply impossible to understand the law, policy, and profound social implications of tobacco control without this masterful text.’
– Lawrence O. Gostin, Georgetown University and World Health Organization Centre on Public Health Law and Human Rights, US

‘This book is a “must read” for anyone interested in tobacco regulation at the international level. Written by an impressive array of experts in a variety of fields, it deals with international rules on trade, investment, intellectual property, and public health, as well as constitutional issues in Australia – at the vanguard of plain packaging of tobacco – and other jurisdictions. It is an informative and timely guide to current debates on these important issues.’
– Lorand Bartels, University of Cambridge, UK

‘This book provides a definitive account of Australia’s pioneering public health legislation on the plain packaging of tobacco products. The regime was designed to implement the World Health Organization Framework Convention on Tobacco Control and address the impacts of “the tobacco epidemic”. A number of nation states plan on emulating Australia’s exemplary regime. In a panic, the tobacco industry has sought to challenge the plain packaging of tobacco products under both Australian constitutional and administrative law, and international trade, investment, and intellectual property laws. This book provides a lucid, thoughtful, and intelligent analysis of the “mega-litigation” over the plain packaging of tobacco products, and highlights the necessity for public health measures in this area. It is a timely and prescient work.’
– Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia
Contributors: A. Alemanno, G. Ayres, E. Bonadio, J. Bosland, S. Chapman, M. Davison, S. Evans, T.A. Faunce, B. Freeman, K. Lannan, J. Liberman, B. McGrady, A.D. Mitchell, M. Scollo, T. Voon
Contents:

1. Introduction
Tania Voon

2. The WHO Framework Convention on Tobacco Control: The International Context for Plain Packaging
Kate Lannan

3. Plain Tobacco Packaging in Australia: The Historical and Social Context
Jonathan Liberman, Michelle Scollo, Becky Freeman and Simon Chapman

4. Plain Packaging of Cigarettes and Constitutional Property Rights
Simon Evans and Jason Bosland

5. The Legitimacy of Plain Packaging under International Intellectual Property Law: Why there is no Right to Use a Trademark under Either the Paris Convention or the TRIPS Agreement
Mark Davison

6. Implications of WTO Law for Plain Packaging of Tobacco Products
Tania Voon and Andrew D. Mitchell

7. Implications of International Investment Law for Plain Tobacco Packaging: Lessons from the Hong Kong–Australia BIT
Tania Voon and Andrew D. Mitchell

8. Implications of Ongoing Trade and Investment Disputes Concerning Tobacco: Philip Morris v Uruguay
Benn McGrady

9. Plain Packaging in a Broader Regulatory Framework: Preventing False Claims and Investor–State Lobbying
Thomas A. Faunce

10. Plain Packaging of Cigarettes under EU Law
Alberto Alemanno and Enrico Bonadio

Bibliography

Index