The TBT Agreement and Tobacco Control Regulations

8(1) Asian Journal of WTO & International Health Law and Policy (2013), pp. 115-147

33 Pages Posted: 25 Oct 2013

See all articles by Lukasz Gruszczynski

Lukasz Gruszczynski

Kozminski University - School of Law; Hungarian Academy of Sciences CSS Institute for Legal Studies

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Date Written: October 24, 2013

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

JEL Classification: K33

Suggested Citation

Gruszczynski, Lukasz, The TBT Agreement and Tobacco Control Regulations (October 24, 2013). 8(1) Asian Journal of WTO & International Health Law and Policy (2013), pp. 115-147, Available at SSRN: https://ssrn.com/abstract=2344744

Lukasz Gruszczynski (Contact Author)

Kozminski University - School of Law ( email )

Jagiellonska 57-59 ST
Warsaw, 03-301
Poland

Hungarian Academy of Sciences CSS Institute for Legal Studies ( email )

Tóth Kálmán st. 4
Budapest, 1097
Hungary

HOME PAGE: http://https://jog.tk.mta.hu/en/

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