Evolution of Tobacco Labeling and Packaging: International Legal Considerations and Health Governance (original) (raw)

COPing with the global tobacco epidemic: FCTC COP7 and its implications

European Journal of Risk Regulation, 2017

This report analyses the outcome of the latest meeting of the Conference of the Parties to the Framework Convention on Tobacco Control. In this context, it concentrates on the adopted amendments to the partial guidelines for implementation of Articles 9 and 10 of the Framework Convention, recommendations on the regulation of e-cigarettes, and discussion on the interactions between international trade/investment obligations and implementation of the obligations of the Convention.

Impact of the WHO FCTC on non-cigarette tobacco products

Tobacco Control, 2018

IntroductionThis paper investigates to what extent Framework Convention on Tobacco Control (FCTC) parties have successfully implemented regulatory measures against non-cigarette tobacco product (NCTP) use, considers the challenges and peculiarities in applying such regulations and proposes effective means.Data and methodsThis review was based on many sources mainly: International Legal Consortium, International Tobacco Control, Campaign for Tobacco-Free Kids, FCTC, expert group visits and published literature.Findings and conclusionThe FCTC provided a framework that applies to all forms of tobacco and this encouraged some parties to adopt control measures against NCTP and to incorporate them into their national tobacco control plans. Although a number of countries have adopted measures specifically targeted towards smokeless and waterpipe tobacco, greater global progress is needed. The strongest achievements have been in protection from exposure to tobacco smoke; controlling adverti...

Global Health Governance The Framework Convention on Tobacco Control What is being governed? Who governs? How does governance take place

The processes of the globalization, facilitated by the ever-growing interdependence on economic, political and social spheres on a global level, changed almost every aspect of the world we live in. This processes of interdependence, influenced mainly by the liberalist approach, led to the idea of Global Governance. Simply put, the Global Governance is a way of engaging in the resolution of many trans-state matters, which affect all of us and cannot be resolved individually. One of these transnational matters that cannot be solved by the countries alone are the global health issues. The necessity for a cooperation on a global level to deal with the challenges of health issues led to the idea of Global Health Governance. The Framework Convention on Tobacco Control (FCTC) is one of the first cases of Global Health Governance, where both formal and non-formal actors engaged in tackling a common problem presented by the increase of tobacco usage, and therefore increase of the non-communicable diseases. The main goal of this is to determine what is being governed, who governs, and how does governance take place in this case, through three different approaches (Institutionalism, Transnationalism and Cosmpolitanism).

The WHO Framework Convention on Tobacco Control as an International Standard under the TBT Agreement

Transnational Dispute Management, 2012

In this article Lukasz Gruszczynski argues that there are good grounds for considering the Guidelines to the Framework Convention on Tobacco Control (‘FCTC’) relevant international standards under the Agreement on Technical Barriers to Trade (‘TBT Agreement’). The structure of the article is as follows: Part I provides an overview of the relevant sections of the TBT Agreement and its ambiguities with respect to defining an international standard; Part II sets out the aims, purpose and governance structure of the FCTC; In light of the overviews of the TBT Agreement and the FCTC, Part III then considers whether the FCTC and its Guidelines are likely to satisfy criteria developed by relevant World Trade Organization (‘WTO’) jurisprudence regarding what constitutes an international standard under the TBT Agreement; and, finally Part IV draws out the significance of having the FCTC/Guidelines recognised as an international standard under the TBT Agreement.

Dilemmas in the implementation of the World Health Organization Framework Convention on Tobacco Control

Reports in Public Health, 2020

The article analyzes some dilemmas related to the implementation of the Framework Convention on Tobacco Control, underscoring the States parties' difficulties in adopting public policies with proven cost-benefit and aimed at reducing tobacco's supply and demand. Specifically, the article examines the recommendation to adopt policies for plain cigarette packaging, as provided in the guidelines for implementation of the Convention's Articles 11 and 13. Based on case analysis, we identified political and legal factors that hinder the Convention's implementation, including the regulatory chill produced by legal claims filed by the tobacco industry, which uses investor-State arbitration clauses from bilateral investment agreements. The article concludes that despite the costs imposed on States and the delays in the adoption of such policies , in the medium and long term the rulings handed down by the arbitration courts and the World Trade Organization's Dispute Settlement Body can consolidate the understanding of the legality and effectiveness of policies that adopt the model.

The Framework Convention on Tobacco Control and health promotion: strengthening the ties

Global Health Promotion, 2010

Successful tobacco control efforts in developed countries have provided an illustration of the application of health promotion principles, most notably the critical value of social mobilization for change and use of comprehensive health promotion strategies. Tobacco control efforts in developed countries are now starting to grapple with the challenge of closing the health equity gap. In developed countries, the Framework Convention on Tobacco Control (FCTC), though derived from a global social movement, is facing challenges in implementation because of relatively little support from the population as a whole, along with weak government infrastructure. Furthermore, developing countries are often more concerned about the Millennium Development Goals (MDGs) and access to primary health care, not to mention poverty alleviation in general, than tobacco use and non-communicable diseases. Health promotion and the FCTC have shared interests in relation to both health equity and capacity building. Therefore, a civil society coalition built around these common interests -and broader issues -may provide a stronger support for FCTC implementation. Strengthening the ties between health promotion and the FCTC could lead to stronger advocacy, better knowledge management systems, more integrated community-based programs, and stronger workforce capacity. These, in turn, could reduce tobacco smoking and other risks to health, as well as help close the health equity gap in developed and developing countries. (Global Health Promotion, 2010; Supp (1): pp. 76-80)

The WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument?; Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”

2018

The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the adoption of the Convention would seem to unlock the treaty-making powers of WHO; the impact of the Convention in the global health architecture has been phenomenal globally; the Convention has facilitated the adoption of further instruments to strengthen its implementation at the national level; the Convention has led to the adoption of appropriate legal framework to combat the use of tobacco at the national level and that the impact of the Convention would seem to go beyond public health but has also led to the adoption of the Protocol to Eliminate Illicit Trade in Tobacco. However, the article by Nikogosian and Kickbusch would seem to overlook some of the challenges that may militate against the effective implementation of international law, including the Tobacco Convention, at the national level. Citation: Durojaye E. The WHO Tobacco Convention: a new dawn in the implementation of international health instrument? Comment on " The legal strength of international health instruments-what it brings to global health governance?