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International Human Rights Law And The Framework Convention On Tobacco Control
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Book Synopsis International Human Rights Law and the Framework Convention on Tobacco Control by : Ebenezer Durojaye
Download or read book International Human Rights Law and the Framework Convention on Tobacco Control written by Ebenezer Durojaye and published by Taylor & Francis. This book was released on 2022-09-05 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.
Book Synopsis Human Rights and Tobacco Control by : Marie E. Gispen
Download or read book Human Rights and Tobacco Control written by Marie E. Gispen and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Large-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels.
Book Synopsis Human Rights and the Framework Convention on Tobacco Control by : Oscar A. Cabrera
Download or read book Human Rights and the Framework Convention on Tobacco Control written by Oscar A. Cabrera and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores the connection between human rights and tobacco control, and in particular, the Framework Convention on Tobacco Control (FCTC). We address rights-based arguments used by the tobacco industry to argue against tobacco regulation. We demonstrate the weakness of these arguments, and that tobacco control and human rights are, in fact, not in conflict, but are mutually reinforcing. We also offer counter-arguments in favour of tobacco regulation based on international human rights obligations. Moreover, we argue that international human rights law and human rights bodies can provide tobacco control advocates with avenues for international monitoring and enforceability, which are lacking in the FCTC.
Book Synopsis The Global Tobacco Epidemic and the Law by : Andrew D. Mitchell
Download or read book The Global Tobacco Epidemic and the Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Written by health and
Book Synopsis Tobacco Control Legislation by : D. Douglas Blanke
Download or read book Tobacco Control Legislation written by D. Douglas Blanke and published by World Health Organization. This book was released on 2004 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: On title page: Tools for advancing tobacco control in the 21st century.
Book Synopsis How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes by : Ernst-Ulrich Petersmann
Download or read book How to Reconcile Health Law and Economic Law with Human Rights? Administration of Justice in Tobacco Control Disputes written by Ernst-Ulrich Petersmann and published by . This book was released on 2015 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tobacco companies and tobacco exporting members of the World Trade Organization (WTO) have initiated an increasing number of disputes in national, regional and worldwide jurisdictions and investor-state arbitrations challenging the legal consistency of tobacco control measures - such as Australia's 'Tobacco Plain Packaging' legislation and regulations - with international trade, investment and intellectual property law. The defendant countries and non-governmental organizations tend to justify tobacco-control measures by invoking public health provisions in international economic law (IEL), domestic constitutional laws, public health legislation, human rights law and the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) ratified by 177 UN member states. This article begins by asking how the fragmented systems of multilevel health, economic and human rights law and governance should be interpreted and coordinated in order to promote their mutual legal coherence. It then explores how multilevel courts should 'administer justice' in tobacco control disputes with due regard to their diverse national and international jurisdictions, applicable laws and methods of legal interpretation. The article concludes that multilevel judicial administration of justice in tobacco control disputes requires judicial cooperation in applying 'constitutional methodologies' (e.g. regarding 'balancing' of competing rights, proportionality of restrictions, reasonable judicial justifications promoting 'public reason'), mutually 'consistent interpretations' (e.g. based on the 'integration principle' limiting legal 'fragmentation') and 'judicial comity' (e.g. regarding rule of law, respecting 'margins of appreciation', protecting 'access to justice') so as to avoid incoherent judgments. The main lesson from the more than 2500 years of legal and political experiences - e.g. since the ancient Constitution of Athens (500 BC) - with collective protection of 'public goods' (res publica) demanded by citizens remains the need for limiting abuses of power through multilevel 'republican constitutionalism' providing for legal, judicial and democratic accountability mechanisms.
Book Synopsis Research Handbook on Global Health Law by : Gian Luca Burci
Download or read book Research Handbook on Global Health Law written by Gian Luca Burci and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effect of Globalization on health has attracted the attention of scholars and policy makers across multiple disciplines. A key concern is the regulation of international health protection, and in particular the use of international health instruments and the complex interaction between international law and health considerations. For the first time, a group of law and policy scholars have analysed these issues, drawing on knowledge from their respective fields. The resulting book provides comprehensive coverage of contemporary issues in global health law and governance.
Book Synopsis Weaponising Evidence by : Margherita Melillo
Download or read book Weaponising Evidence written by Margherita Melillo and published by Cambridge University Press. This book was released on 2024-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia - Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Book Synopsis Framework Convention on Tobacco Control, Its Implementation and Human Rights Perspectives by : Dr. Asif Khan
Download or read book Framework Convention on Tobacco Control, Its Implementation and Human Rights Perspectives written by Dr. Asif Khan and published by . This book was released on 2015 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Framework Convention on Tobacco Control (FCTC) was adopted in order to curb the menace of tobacco collectively. Tobacco in any form is hazardous to health; importantly it is a legal commodity which poses a threat to “Right to Life” of individuals. The article analyses the threats posed by tobacco to human life. FCTC is the only treaty ratified by world community in the field of health. The main body of the convention is analysed and possible recommendations are made for the better implementation. The human rights aspects of tobacco control are also put forward. This article emphasises on the fact that the human rights forum might be helpful in curtailing the threat posed by tobacco to human life.
Book Synopsis Regulating Tobacco, Alcohol and Unhealthy Foods by : Tania Voon
Download or read book Regulating Tobacco, Alcohol and Unhealthy Foods written by Tania Voon and published by Routledge. This book was released on 2014-07-25 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to reduce disability and premature deaths from non-communicable diseases (NCDs) is increasingly engaging international organisations and national and sub-national governments. In this book, experts from a range of backgrounds provide insights into the legal implications of regulating tobacco, alcohol and unhealthy foods, all of which are risk factors for NCDs. As individual countries and the international community move to increase targeting of these risk factors, affected industries are turning to national and international law to challenge the resulting regulations. This book explores how the effective regulation of tobacco, alcohol and unhealthy foods can be achieved within the context of international health law, international trade and investment law, international human rights law, international intellectual property law, and domestic laws on constitutional and other matters. Its contributors consider the various tensions that arise in regulating NCD risk factors, as well as offering an original analysis of the relationship between evidence and health regulation. Covering a range of geographical areas, including the Americas, the European Union, Africa and Oceania, the book offers lessons for health and policy practitioners and scholars in navigating the complex legal fields in which the regulation of tobacco, alcohol and unhealthy foods takes place.
Book Synopsis Combatting Illicit Trade on the EU Border by : Celina Nowak
Download or read book Combatting Illicit Trade on the EU Border written by Celina Nowak and published by Springer Nature. This book was released on 2021 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, Slovakia and Romania) and two "old" EU countries (Germany and Italy). The book addresses the national legal frameworks, current criminological situation regarding illicit trade of tobacco, and the practical challenges faced by national law enforcement authorities in the countries examined. It also considers the international framework, and concludes with a horizontal report. The objective of the book is to highlight legislative and practical challenges in the fight against illegal tobacco products at the national and transnational level, and to formulate recommendations for overcoming them more effectively in Europe.--
Book Synopsis The Global War on Tobacco by : Heather Wipfli
Download or read book The Global War on Tobacco written by Heather Wipfli and published by Johns Hopkins University Press+ORM. This book was released on 2015-07-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A major contribution not just to tobacco control research but also to research on global governance and public health . . . thorough [and] compelling.” —Frank J. Chaloupka IV, Institute for Health Research and Policy, University of Illinois–Chicago As the era of globalization progressed, the tobacco industry capitalized on its elements—including trade liberalization, foreign direct investment, and global communications—to expand into countries where effective tobacco control programs were not in place. As a consequence, tobacco became the leading cause of preventable death in the world, killing more people each year than HIV, malaria, and tuberculosis combined. In the mid-1990s, a committed group of public health professionals and institutions sought to challenge the tobacco industry’s expansion by negotiating a binding international law under the auspices of the World Health Organization. The WHO Framework Convention on Tobacco Control (FCTC)—the first collective global response to the causation of avoidable chronic disease—was one of the most quickly ratified treaties in United Nations history. In The Global War on Tobacco, Heather Wipfli tells the engaging story of the FCTC, from its start as an unlikely civil society proposal to its enactment in 178 countries as of June 2014. Wipfli also reveals how globalization offers anti-tobacco advocates significant cooperative opportunities to share knowledge and address cross-border public health problems. The book—the first to delve deeply into the origin and development of the FCTC—seeks to advance understanding of how non-state actors, transnational networks, and international institutionalization can impact global governance for health. Case studies from a variety of diverse high-, middle-, and low-income countries provide real-world examples of the success or failure of tobacco control. Written with public health professionals and students in mind, The Global War on Tobacco is a fascinating look at how international relations is changing to respond to the modern global marketplace and protect human health.
Book Synopsis WHO Framework Convention on Tobacco Control by : World Health Organization
Download or read book WHO Framework Convention on Tobacco Control written by World Health Organization and published by World Health Organization. This book was released on 2013 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the guidelines adopted by the Conference of the Parties. These seven guidelines cover a wide range of provisions of the WHO Framework Convention on Tobacco Control, such as: the protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry; protection from exposure to tobacco smoke; packaging and labelling of tobacco products; and tobacco advertising, promotion and sponsorship; and demand reduction measures concerning tobacco dependence and cessation. These guidelines are intended to help Parties to meet their obligations under the respective provisions of the Convention. They reflect the consolidated views of Parties on different aspects of implementation, their experiences and achievements, and the challenges faced. The guidelines also aim to reflect and promote best practices and standards that governments would benefit from in the treaty-implementation process.
Book Synopsis Law and Global Health by : Michael Freeman
Download or read book Law and Global Health written by Michael Freeman and published by OUP Oxford. This book was released on 2014-05-29 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.
Book Synopsis WHO Report on the Global Tobacco Epidemic, 2013 by : World Health Organization
Download or read book WHO Report on the Global Tobacco Epidemic, 2013 written by World Health Organization and published by World Health Organization. This book was released on 2013 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The continued success in global tobacco control is detailed in this year’s WHO Report on the Global Tobacco Epidemic, 2013. The fourth in the series, this year’s report presents the status of the MPOWER measures, with country-specific data updated and aggregated through 2012. In addition, the report provides a special focus on legislation to ban tobacco advertising, promotion and sponsorship (TAPS) in WHO Member States and an in-depth analyses of TAPS bans were performed, allowing for a more detailed understanding of progress and future challenges in this area."--Website summary.
Book Synopsis WHO Framework Convention on Tobacco Control: Guidelines for Implementation of Article 5.3, Article 8, Article 11, and Article 13 by : World Health Organization
Download or read book WHO Framework Convention on Tobacco Control: Guidelines for Implementation of Article 5.3, Article 8, Article 11, and Article 13 written by World Health Organization and published by World Health Organization. This book was released on 2009-11-25 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first set of guidelines adopted by the Conference of the Parties at its Second (2207) and Third (2008) sessions. These four guidelines cover a wide range of provisions of the WHO Framework Convention on Tobacco Control, such as: the protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry; protection from exposure to tobacco smoke; packaging and labelling of tobacco products; and tobacco advertising, promotion and sponsorship. These guidelines are intended to help Parties to meet their obligations under the respective provisions of the Convention. They reflect the consolidated views of Parties on different aspects of implementation, their experiences and achievements, and the challenges faced. The guidelines also aim to reflect and promote best practices and standards that governments would benefit from in the treaty-implementation process.
Book Synopsis Public Health and Plain Packaging of Cigarettes by : Tania Voon
Download or read book Public Health and Plain Packaging of Cigarettes written by Tania Voon and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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 'This book provides a definitive account of Australia's pioneering public health legislation on the plain packaging of tobacco products. the regime was designed to implement the World Health Organization Framework Convention on Tobacco Control and address the impacts of "the tobacco epidemic". A number of nation states plan on emulating Australia's exemplary regime. In a panic, the tobacco industry has sought to challenge the plain packaging of tobacco products under both Australian constitutional and administrative law, and international trade, investment, and intellectual property laws. This book provides a lucid, thoughtful, and intelligent analysis of the "mega-litigation" over the plain packaging of tobacco products, and highlights the necessity for public health measures in this area. It is a timely and prescient work.' – Matthew Rimmer, the Australian National University College of Law and ACIPA, Australia 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 organisations, NGOs, policymakers, and scholars in law, medicine and health-related areas. Health professionals and advisors will also find much of interest here.
