The Legal Enforceability of Articles 8.2 and 5.3 of the WHO Framework Convention on Tobacco Control: The Case of the Netherlands
Brill Open Law (2018) 1-13
University of Groningen Faculty of Law Research Paper No. 32/2019
14 Pages Posted: 17 Jun 2019 Last revised: 16 Oct 2019
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
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