WTO Agreements & Public Health

Author(s):  
Keyword(s):  
2021 ◽  
Vol 70 (4) ◽  
pp. 1011-1027
Author(s):  
Andrew David Mitchell ◽  
Theodore Samlidis

AbstractAustralia became the first country to introduce standardised or plain packaging laws for tobacco products in 2011. However, they immediately came under direct and indirect challenge from the tobacco industry in various domestic and international fora, including at the World Trade Organization (WTO). The WTO-consistency of Australia's measures was not settled until June 2020, when the Appellate Body upheld two WTO panels’ earlier findings that Australia had acted consistently with its obligations under certain WTO agreements. This article critically analyses the Appellate Body's key findings and their implications for implementing other public health measures. It is shown that these implications are multifaceted, have political, practical and legal dimensions and are likely to reach beyond the WTO dispute resolution system's bounds into other international trade and investment law contexts.


2003 ◽  
Vol 52 (2) ◽  
pp. 425-446 ◽  
Author(s):  
Surya P Subedi

After the debacle in Seattle in December 1999, the Fourth Ministerial Conference of WTO members took place successfully under tight security in the capital city, Doha, of the small Arabian state of Qatar in November 2001. The Doha conference did not adopt any new treaty or protocoll to add to the network of WTO agreements already in place. It did, however, approve a ‘broad and balance ’ work programme in the form of two declarations—a main declaration and one on trade related intellectual property rights (TRIPS) and public health, plus a decision on implementation designed to alleviate the difficulties of developing countries in implementing the existing WTO agreements. In other words, the Doha conference agreed on the nature and scope of the next round of trade negttiations, named as the ‘Development Round’. Although some least-developed countries had argued that ‘no new round should be started until there has been full implementation of the agreements concluded in the last Round, and an evaluation of their effects done’, the Doha Conference decided to start a new round of trade negotiations. How development oriented is the agenda of the new round of trade negotiations? What is going to be negotiated during th e negotiations? Is it indeed going to be a ‘Development Round’ in more than name? The object of this article is to analyse the background to the Doha conference, to assess the nature of negotiations at the conference and to evaluate its outcome.


1997 ◽  
Vol 6 (1) ◽  
pp. 11-16
Author(s):  
Terrey Oliver Penn ◽  
Susan E. Abbott

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