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Vol 25 No 2 Feb/March 2020

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Kerr & Hunter on Receivers and Administrators

Edited by: Thomas Robinson, Peter Walton
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Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues

Edited by: Tania Voon, Andrew Mitchell, Jonathan Liberman

ISBN13: 9780415722346
Published: July 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00
Paperback edition , ISBN13 9781138686472

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Increasingly the issue of reducing premature deaths from non-communicable diseases (NCDs) is one which is engaging international organizations and in 2012 World Health Organization Member States agreed on a global monitoring framework for NCDs, comprising nine voluntary targets including targets relating to harmful use of alcohol, tobacco and obesity and 25 indicators.

At the same time commercial industries affected by NCD risk factor regulation are increasingly challenging that regulation in domestic and international legal fora, including in constitutional courts, the World Trade Organization, and before investment arbitration tribunals. Clarifying how NCD prevention may be accommodated within these different legal systems is fundamental to the long term success of both public health regulation and the legal systems themselves.

This volume provides a comprehensive analysis of the key areas of domestic and international law affecting the three most common risk factors for non-communicable diseases, namely tobacco, alcohol and obesity. In particular, the book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved pursuant to international health law and within the context of obligations imposed by international trade and investment law, international intellectual property law, and domestic laws including constitutional law.

The book will consider the various tensions that arise between domestic and international laws on the one hand and the regulation of NCD risk factors on the other as well as offering an original analysis of the relationship between evidence and regulation in the context of NCD risk factors. The contributors to the volume then go on to examine NCD regulation from a regional perspective including discussion of domestic health regulation of NCD risk factors and the associated political and legal controversies in specific countries and regions.

Medical Law, International Trade
Part 1: Overview and Evidence
1. Introduction, Tania Voon
2. Evidence, Grounded Innovation and the Identification of Critical Opportunities for Public Health Law, Evan Anderson and Scott Burris

Part 2: International and Comparative Law
3. International Health Law, Jonathan Liberman
4. International Trade Law, Tania Voon and Andrew Mitchell
5. International Investment Law, Benn McGrady
6. International Intellectual Property Law, Mark Davison
7. Comparative Intellectual Property Law, Enrico Bonadio
8. Comparative Constitutional Law, Stephanie Palmer

Part 3: National and Regional Perspectives
9. United States, Doug Blanke
10. Canada, Barbara Von Tigerstrom
11. Latin America, Alejandro Madrazo and Fernanda Alonso
12. European Union, Alberto Alemanno and Amandine Garde
13. Africa, Rachel Kitonyo, Devotsu
14. Asia, Lesley Jacobs
15. Australia, Sondra Davoren
16. New Zealand, Susy Frankel Part 4: Case Studies of Legal Disputes
17. Legal Challenges to Graphic Warnings for Tobacco Pr oducts in the United States, Efthimios Parasidis and Kevin Outterson
18. Australia vs the Marlboro Man: The Battle Over Plain Packaging, Matthew Rimmer