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Public Health and Plain Packaging of Cigarettes: Legal Issues

Edited by: Tania Voon, Andrew D. Mitchell, Jonathan Liberman

ISBN13: 9780857939425
Published: August 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £109.00

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Tobacco use represents a critical global health challenge. The World Health Organization estimates that tobacco kills nearly 6 million people a year, with the toll expected to rise to 8 million annually over the next two decades. This detailed book, written by health and legal experts from institutions around the globe, examines legal issues arising from Australia's world-first introduction of mandatory plain packaging of tobacco products. The book offers an in-depth exploration of relevant domestic and international legal questions in fields such as intellectual property, constitutional law, health, trade and investment. 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. The answers to these questions are of vital interest not only to Australia but also to the international community, with states' regulatory sovereignty increasingly being challenged in local and international courts and tribunals. This timely study is designed to assist international organisations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here.

Health and Safety, Consumer Law
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