基本説明
Provides a definitive account of Australia's pioneering public health legislation on the plain packaging of tobacco products.
Full Description
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 organizations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here.
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
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
