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The Global Tobacco Epidemic and the Law

Edited by Andrew D. Mitchell, Professor and Tania Voon, Professor, Melbourne Law School, The University of Melbourne, Australia
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. Written by health and legal experts from institutions around the globe, The Global Tobacco Epidemic and the Law examines the key areas of domestic and international law affecting the regulation of tobacco.
Extent: 360 pp
Hardback Price: $145.00 Web: $130.50
Publication Date: 2014
ISBN: 978 1 78347 151 5
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  • Law - Academic
  • Health Law
  • International Investment 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. Written by health and legal experts from institutions around the globe, The Global Tobacco Epidemic and the Law examines the key areas of domestic and international law affecting the regulation of tobacco.

The book offers a wide-ranging and in-depth exploration of relevant legal questions, including a focus on the activities of the World Health Organization and the WHO Framework Convention on Tobacco Control, as well as an extensive evaluation of relevant developments in international trade law and international investment law. The authors’ expert analysis also sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, as reflected in detailed case studies of tobacco control in various countries and regions around the world. The answers to these questions are of vital interest to the international community, with states’ regulatory sovereignty regarding tobacco increasingly being challenged in local and international courts and tribunals.

Combining unique insight with rigorous analysis, this book will facilitate a more sophisticated understanding of the legal issues concerning tobacco control and will be of interest to lawyers, diplomats, policymakers and NGOs, as well being a valuable resource for scholars of law, public policy and health.
‘The book is destined to become a reference point for scholars and practitioners alike. This is even more the case if one considers the fact that the volume constitutes a valuable addition to the state-of-the-art and other co edited volumes of the coeditors. This important collection illustrates the extent to which convergence between international law and domestic law is occurring.’
– Melbourne Journal of International Law
Contributors: N. Boister, O.A. Cabrera, J. Carballo, R. Cunningham, M. Davison, K. DeLand, L. Gruszczynski, P. Henning, L. Hsu, J. Liberman, G. Lien, T-y. Lin, C-f. Lo, A. Mitchell, L. Shmatenko, D. Singh, J. Strawbridge, T. Tucker, T. Voon, H. Wipfli, C-F. Wu, A. Yadav
Contents

Introduction
Andrew D Mitchell and Tania Voon

Part I: TOBACCO CONTROL IN THE CONTEXT OF THE WORLD HEALTH ORGANIZATION
2 .The WHO Framework Convention on Tobacco Control and the Tobacco Free Initiative
Katherine DeLand, Gemma Lien and Heather Wipfli

3. Guidelines and Protocols under the Framework Convention
Chang-fa Lo

4. The Power of the WHO FCTC: Understanding its Legal Status and Weight
Jonathan Liberman

5. The European Anti-Fraud Office and the Protocol to Eliminate Illicit Trade in Tobacco Products
Neil Boister

Part II: Tobacco Control in the Context of International Trade and Investment
6. The WTO Ruling on the United States’ Flavoured Cigarettes Ban
Todd Tucker

7. The WHO FCTC as an International Standard under the WTO Agreement on Technical Barriers to Trade
Lucasz Gruszczynski

8. Disputes Regarding Tobacco Control Measures under Investor−State Arbitration
Tsai-Yu Lin

9. Tobacco Control in ASEAN
Locknie Hsu

10. International Trade Policy and Tobacco Products under the Obama Administration
Jamie Strawbridge

Part III: Tobacco Control Around the World
11. Tobacco Control in Europe: The Potential for Plain Packaging
Peter K Henning and Leonid Shmatenko

12. Tobacco Control in Canada
Rob Cunningham

13. Tobacco Control in Latin America
Oscar A Cabrera and Juan Carballo

14. Tobacco Control in Australia: The High Court Challenge to Plain Packaging
Mark Davison

15. Tobacco Control in Taiwan
Chuan-Feng Wu

16. Tobacco Control in India
Amit Yadav and Deepti Singh

Index