TDM announces a forthcoming TDM special issue on Legal Issues in Tobacco Control. Here is the information:

This special issue will examine legal issues surrounding international related disputes arising from tobacco regulation and control. This is a particularly urgent topic for examination in view of the ongoing investment arbitration claims launched against Australia in relation to its plain tobacco packaging measure and against Uruguay in relation to its own tobacco packaging and labeling regulations, as well as the consultations commenced by Ukraine and Honduras with Australia in the World Trade Organization (WTO) — the first step towards a formal WTO dispute concerning plain packaging. The recent WTO Appellate Body decision concerning the United States’ prohibition on characterizing flavors in cigarettes other than tobacco and menthol also provides relevant material for reflection.

Possible questions for consideration in this special issue include:

  • What challenges are States facing against health-directed tobacco control measures in domestic and international courts and tribunals?
  • How do the prospects of success in domestic claims compare with those in international claims?
  • Do current international trade and investment laws adequately protect States’ regulatory sovereignty with respect to tobacco control and other public health measures?
  • What lessons should States draw for future international trade and investment negotiations from the current challenges to tobacco regulation?
  • What are the implications of the WHO Framework Convention on Tobacco Control for international challenges to tobacco regulation?
  • Does the problem of regulatory chill threaten the achievement of national and international health objectives?
  • What additional obstacles do developing countries face in responding to threatened or actual legal challenges to tobacco regulation, and how can these obstacles be best overcome?

This special issue will be edited by Professor Andrew Mitchell (Melbourne Law School) and Associate Professor Tania Voon (Melbourne Law School).

Please address all questions and paper proposals to the editors, see here for contact info.

Publication is planned for late 2012. Paper proposals of up to 300 words should be submitted as soon as possible. The Editors will select papers at their discretion. If selected, full papers of up to 6000 words including footnotes will be due by September 15, 2012.

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