How Trade-Restrictive Is Standardised Packaging? Economic and Legal Implications of the WTO Panel Reports in Australia – Tobacco Plain Packaging

24 Pages Posted: 8 Oct 2019

See all articles by Kristy Buzard

Kristy Buzard

Syracuse University - Department of Economics

Tania Voon

University of Melbourne - Law School

Date Written: October 2019

Abstract

The lengthy and long-awaited WTO Panel Reports in Australia – Tobacco Plain Packaging contain a host of material for reflection, particularly in relation to the Agreement on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights. While two of the Panel Reports proceed to appeal, we consider with respect to the two adopted Panel Reports the Panel’s reasoning in relation to Article 2.2 of the TBT, focusing on the meaning of trade-restrictiveness. This concept central to WTO law has been under-examined to date, and these Panel Reports demonstrate some of the complexities in identifying trade-restrictive measures, particularly where they are non-discriminatory. The Panel found that Australia’s measures restrict trade because they contribute to their objective of reducing tobacco consumption. Therefore, any equally effective alternative will similarly restrict trade. This curious result under TBT Article 2.2 may be particular to non-discriminatory measures that target ‘socially bad’ products such as tobacco.

Keywords: Australia; international trade; labelling; tobacco; trade barriers; World Trade Organization

Suggested Citation

Buzard, Kristy and Voon, Tania, How Trade-Restrictive Is Standardised Packaging? Economic and Legal Implications of the WTO Panel Reports in Australia – Tobacco Plain Packaging (October 2019). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2019/72, Available at SSRN: https://ssrn.com/abstract=3465473 or http://dx.doi.org/10.2139/ssrn.3465473

Kristy Buzard (Contact Author)

Syracuse University - Department of Economics ( email )

Syracuse, NY 13244-1020
United States

HOME PAGE: http://kristybuzard.com

Tania Voon

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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

Paper statistics

Downloads
198
Abstract Views
669
Rank
277,211
PlumX Metrics