Journal article
Third strike: The WTO panel reports upholding Australia's tobacco plain packaging scheme
T Voon
Journal of World Investment and Trade | BRILL ACADEMIC PUBLISHERS | Published : 2019
Abstract
Two of the four disputes against Australia's tobacco plain packaging in the World Trade Organization (WTO) have been resolved, with the adoption of the Panel Reports upholding Australia's tobacco plain packaging scheme with respect to Cuba and Indonesia. The fifth dispute, brought by Ukraine, was previously abandoned. The Panel's decision deserves close examination, particularly regarding the balance between WTO Members' legitimate policy objectives and restrictions on trade or on the use of trademarks. The Panel's approach to the fundamental concepts of trade-restrictiveness and unjustifiability did not conform with the arguments of Australia or the complainants. These areas represent core ..
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Awarded by Union for International Cancer Control
Funding Acknowledgements
This article forms part of independent research funded by the Australian Research Council pursuant to the Linkage Project scheme (project number LP120200028, in collaboration with the McCabe Centre for Law and Cancer, a joint initiative of Cancer Council Victoria, the Union for International Cancer Control, and Cancer Council Australia). I have previously advised Australian and other government departments on tobacco plain packaging and related issues at the intersection of public health with international trade and foreign investment. This article expresses my personal opinions as an academic and is based solely on public information. I thank Suzanne Zhou, Andrew Mitchell, the journal editors, and two anonymous referees for helpful comments. Any errors or omissions are mine.