The Legal Enforceability of Articles 8.2 and 5.3 of the WHO Framework Convention on Tobacco Control: The Case of the Netherlands

14 Pages Posted: 17 Jun 2019 Last revised: 16 Oct 2019

See all articles by Gohar Karapetian

Gohar Karapetian

University of Groningen, Faculty of Law

Brigit Toebes

University of Groningen - Faculty of Law; University of Groningen

Date Written: 2018

Abstract

Since 2005, the WHO FCTC is binding on the Netherlands. Since that time, the Dutch courts have addressed Articles 8.2 and 5.3 FCTC on three occasions. In this article, we review these three cases in order to analyze the legal enforceability of Articles 8.2 and 5.3 FCTC in the Netherlands. Special attention is paid to the role the guidelines and recommendations adopted by the Conference of the Parties played in these cases. We observe that the legal enforceability of both articles depends on the specific circumstances of the case. We argue that the Dutch courts should have given more careful consideration to the FCTC guidelines and recommendations.

Keywords: FCTC, tobacco control, smoking bans

Suggested Citation

Karapetian, Gohar and Toebes, Brigit and Toebes, Brigit, The Legal Enforceability of Articles 8.2 and 5.3 of the WHO Framework Convention on Tobacco Control: The Case of the Netherlands (2018). Brill Open Law (2018) 1-13, University of Groningen Faculty of Law Research Paper No. 32/2019, Available at SSRN: https://ssrn.com/abstract=3398934

Gohar Karapetian

University of Groningen, Faculty of Law ( email )

Groningen
Netherlands

Brigit Toebes (Contact Author)

University of Groningen - Faculty of Law ( email )

9700 AH Groningen
Netherlands

University of Groningen ( email )

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
33
Abstract Views
403
PlumX Metrics