Hardback
Public Health and Plain Packaging of Cigarettes
Legal Issues
9780857939425 Edward Elgar Publishing
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.
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Critical Acclaim
Contributors
Contents
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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.
这及时的螺栓y 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.
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.
这及时的螺栓y 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.
Critical Acclaim
‘If you’re interested in tobacco regulation in the international arena, buy this book. With its massive array of research resources, including extensive bibliography and lists of legal instruments, documents, cases and awards, it will certainly assist and inform practitioners, scholars and policy makers in law, medicine and public health worldwide.’
– Phillip Taylor and Elizabeth Taylor, The Barrister Magazine
‘The thoughtful book edited by Tania Voon and her colleagues provides some valuable insights into the explosion of international activity stimulated by the Australian plain packaging legislation. . . This book provides a timely and thoughtful frame of reference for the tobacco control debate.’
– Michael Blakeney, European Intellectual Property Review
‘Voon, 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
‘这本书提供了有关澳大利亚关于烟草产品普通包装的开创性公共卫生立法的明确说明。该政权旨在实施《世界卫生组织控制》的世界卫生组织框架公约，并解决“烟草流行病”的影响。许多国家国家计划模仿澳大利亚的示范制度。在恐慌中，烟草业试图根据澳大利亚宪法和行政法以及国际贸易，投资和知识产权法挑战烟草产品的普通包装。本书对烟草产品的普通包装进行了清晰，周到和智能的分析，并突出了该领域的公共卫生措施的必要性。这是一项及时且有先见之明的作品。’
– Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia
– Phillip Taylor and Elizabeth Taylor, The Barrister Magazine
‘The thoughtful book edited by Tania Voon and her colleagues provides some valuable insights into the explosion of international activity stimulated by the Australian plain packaging legislation. . . This book provides a timely and thoughtful frame of reference for the tobacco control debate.’
– Michael Blakeney, European Intellectual Property Review
‘Voon, 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
‘这本书提供了有关澳大利亚关于烟草产品普通包装的开创性公共卫生立法的明确说明。该政权旨在实施《世界卫生组织控制》的世界卫生组织框架公约，并解决“烟草流行病”的影响。许多国家国家计划模仿澳大利亚的示范制度。在恐慌中，烟草业试图根据澳大利亚宪法和行政法以及国际贸易，投资和知识产权法挑战烟草产品的普通包装。本书对烟草产品的普通包装进行了清晰，周到和智能的分析，并突出了该领域的公共卫生措施的必要性。这是一项及时且有先见之明的作品。’
– Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia
Contributors
Contributors: A. Alemanno, G. Ayres, E. Bonadio, J. Bosland, S. Chapman, M. Davison, S. Evans, T.A. Faunce, B. Freeman, K. Lannan, J. Liberman, B. McGrady, A.D. Mitchell, M. Scollo, T. Voon
Contents
Contents:
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
塔尼亚Voon和安德鲁·d·米切尔
7. Implications of International Investment Law for Plain Tobacco Packaging: Lessons from the Hong Kong–Australia BIT
塔尼亚Voon和安德鲁·d·米切尔
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
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
塔尼亚Voon和安德鲁·d·米切尔
7. Implications of International Investment Law for Plain Tobacco Packaging: Lessons from the Hong Kong–Australia BIT
塔尼亚Voon和安德鲁·d·米切尔
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
