Description
Book SynopsisTobacco use represents a critical global health challenge. The authors’ analysis sheds light on broader questions relating to the capacity of governments to regulate tobacco products and the tobacco industry, and to regulate in the interests of public health more generally.
Trade ReviewVoon, Mitchell, and Liberman offer a penetrating analysis of the monumental struggle against smoking in the 21st century - the leading preventable cause of death in the world. Their book is undoubtedly the seminal scholarly examination of plain packaging of tobacco products. ''Big Tobacco'' is challenging plain packaging rules in trade, investment, and constitutional forums around the world. It is simply impossible to understand the law, policy, and profound social implications of tobacco control without this masterful text.
- Lawrence O. Gostin, Georgetown University and World Health Organization Centre on Public Health Law and Human Rights, US
This book is a ''must read'' for anyone interested in tobacco regulation at the international level. Written by an impressive array of experts in a variety of fields, it deals with international rules on trade, investment, intellectual property, and public health, as well as constitutional issues in Australia - at the vanguard of plain packaging of tobacco - and other jurisdictions. It is an informative and timely guide to current debates on these important issues.
- Lorand Bartels, University of Cambridge, UK
This book provides a definitive account of Australia's pioneering public health legislation on the plain packaging of tobacco products. The regime was designed to implement the World Health Organization Framework Convention on Tobacco Control and address the impacts of ''the tobacco epidemic''. A number of nation states plan on emulating Australia's exemplary regime. In a panic, the tobacco industry has sought to challenge the plain packaging of tobacco products under both Australian constitutional and administrative law, and international trade, investment, and intellectual property laws. This book provides a lucid, thoughtful, and intelligent analysis of the ''mega-litigation'' over the plain packaging of tobacco products, and highlights the necessity for public health measures in this area. It is a timely and prescient work.
--- Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia
Table of ContentsContents: 1. Introduction Tania Voon 2. The WHO Framework Convention on Tobacco Control: The International Context for Plain Packaging Kate Lannan 3. Plain Tobacco Packaging in Australia: The Historical and Social Context Jonathan Liberman, Michelle Scollo, Becky Freeman and Simon Chapman 4. Plain Packaging of Cigarettes and Constitutional Property Rights Simon Evans and Jason Bosland 5. The Legitimacy of Plain Packaging under International Intellectual Property Law: Why there is no Right to Use a Trademark under Either the Paris Convention or the TRIPS Agreement Mark Davison 6. Implications of WTO Law for Plain Packaging of Tobacco Products Tania Voon and Andrew D. Mitchell 7. Implications of International Investment Law for Plain Tobacco Packaging: Lessons from the Hong Kong–Australia BIT Tania Voon and Andrew D. Mitchell 8. Implications of Ongoing Trade and Investment Disputes Concerning Tobacco: Philip Morris v Uruguay Benn McGrady 9. Plain Packaging in a Broader Regulatory Framework: Preventing False Claims and Investor–State Lobbying Thomas A. Faunce 10. Plain Packaging of Cigarettes under EU Law Alberto Alemanno and Enrico Bonadio Bibliography Index
