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WHO FCTC implementation after Philip Morris v Uruguay: five key messages from the Award

Friday 19 August 2016
On 8 July 2016, the arbitral tribunal constituted to hear Philip Morris’ challenge to Uruguay’s tobacco packaging and labelling measures under a 1988 bilateral investment treaty between Switzerland and Uruguay handed down its Award, dismissing all of Philip Morris’ claims against Uruguay’s large graphic health warnings and its ‘single presentation requirement’, a requirement that tobacco manufacturers produce no more than one variant of a single brand family of cigarettes. We've written a paper explaining the key aspects of the Philip Morris v Uruguay award for countries looking to move ahead with WHO FCTC implementation - learn more in this blog.

The High Court of Justice decision on UK standardized packaging: Key points for other jurisdictions

Wednesday 29 June 2016
On 19 May 2016, the High Court of Justice of England and Wales handed down its decision dismissing the legal challenges to the United Kingdom’s tobacco standardized packaging (or plain packaging) laws. The McCabe Centre examines the significance of the decision on plain packaging in the UK for other jurisdictions.

Why the 2016 UNGASS will be critical to global pain relief and palliative care

Monday 11 April 2016
Next week, high-level representatives of governments will assemble at UN Headquarters in New York for the 2016 UN General Assembly Special Session (UNGASS) on the World Drug Problem. In this guest post for ehospice's series on access to medications and UNGASS, Jonathan Liberman explains why the 2016 UNGASS could galvanise efforts to provide pain relief, palliative care and protection of dignity to millions of people around the world.

International Narcotics Control Board releases new report on Availability of Internationally Controlled Drugs

Friday 12 February 2016

The International Narcotics Control Board (INCB) released its report Availability of Internationally Controlled Drugs: Ensuring Adequate Access for Medical and Scientific Purposes last Thursday, 4 February 2016.  The new report highlights disparities between high- and low/middle-income countries in availability of and access to controlled medicines.

Fight for plain truth far from over

Wednesday 6 May 2015
Jonathan Liberman, Director of the McCabe Centre for Law and Cancer, outlines the research findings but says the fight against tobacco companies is far from over - for Australia still but also for other countries, particularly those who are less resourced but vulnerable to the social and health costs of tobacco in coming decades.

Promise of Progress in the Pacific

Tuesday 11 November 2014
Pacific Island Countries and Territories (PICTs) bear the heaviest burden of non-communicable diseases (NCDs) globally, but there are promising signs that the region is also beginning to develop specific, multi-sectoral responses.

The Doha Declaration: for prevention as well as cure

Wednesday 8 October 2014
The relationship between health and trade is an increasingly prominent item on the global noncommunicable diseases (NCDs) agenda. Although adopted in the context of access to HIV/AIDS, tuberculosis, and malaria medicines, the Doha Declaration covers public health concerns more broadly. The Doha Declaration also applies to NCD prevention measures concerning intellectual property such as certain tobacco control laws.

Building legal capacity into an accelerated global NCD response

Wednesday 20 August 2014
Adoption of the Political Declaration on Prevention and Control of Non-communicable Diseases in 2011 represented landmark acknowledgement of non-communicable diseases (NCDs) as a major challenge for development in the 21st Century. Nearly three years later, outcomes of a recent United Nations review highlight the critical need to match ongoing global political commitment with strengthened capacity, including legal capacity, in accelerating a ‘whole-of-government’ and ‘whole-of-society’ response.

The WHO Framework Convention on Tobacco Control at 10: its power for global health and development in the 21st century

Wednesday 6 August 2014
In a guest blog for Edward Elgar, Jonathan Liberman explains that the WHO Framework Convention on Tobacco Control (WHO FCTC) carries great legal and political power for global health and development in the 21st century. Jonathan’s blog draws on his chapter The Power of the WHO FCTC: Understanding its Legal Status and Weight in the new book The Global Tobacco Epidemic and the Law, edited by Melbourne Law School Professors Andrew Mitchell and Tania Voon.

A global convention on healthy diets? Some lessons from the WHO Framework Convention on Tobacco Control

Thursday 22 May 2014
Consumers International and the World Obesity Federation have released a set of recommendations towards a Global Convention to protect and promote healthy diets. In an invited blog for Consumers International, Jonathan Liberman responds to the proposal, drawing lessons from the WHO Framework Convention on Tobacco Control.

Responding to the tobacco industry’s claims that plain packaging breaches international trade and investment law

Tuesday 20 May 2014
Last week, McCabe Centre Director Jonathan Liberman and Professors Mark Davison and Andrew Mitchell appeared before the Health Committee of the New Zealand Parliament, which is examining a Bill that would require tobacco products in New Zealand to be sold in plain packaging. They set out why they believe the Bill would not breach New Zealand’s obligations under WTO or international investment law. In this blog, they address some of the claims made by the tobacco industry in its submissions to the Committee.

Eating the Elephant in the Room

Wednesday 26 March 2014
As a participant in the McCabe Centre Intensive Legal Training Programme during February and March, I learned about important and pressing issues related to tobacco control, alcohol control, obesity, treatment and support for cancer, access to medicines, global action on NCDs, and international trade and investment.

Ad bans, labelling and taxes: exploring the intersection of law and public health in global efforts to prevent obesity

Wednesday 30 October 2013
What are the bases for developing and implementing laws for obesity prevention? Which levels of government are responsible? What is the role for public health evidence? And how can public health advocates respond to the efforts of opponents of legal approaches who simultaneously overplay gaps in evidence, the limits of legal authority, and technical barriers, with a view to delaying or stalling the use of law?

WTO dispute settlement as a training exercise?

Monday 14 October 2013
Simon Lacey, a Jakarta-based international trade-law practitioner, writes in the Jakarta Globe that he advised Indonesia to challenge Australia's plain packaging legislation in the WTO because it would be a good opportunity to build Indonesia's WTO dispute settlement experience - particularly because the tobacco industry would be footing the bill. We comment on Lacey's perspective and on his judgment that Australia's plain packaging is ‘almost certainly ... an act of regulatory over-reach' and ‘a silly political calculation'.

Waiting out the legal challenges to plain packaging - playing into the tobacco industry's hands?

Friday 4 October 2013
Nearly two years after the passage of Australia's plain packaging legislation, and ten months after it came fully into effect, the international legal challenges continue. Slowly. And the tobacco industry, which is directly pursuing one of the challenges and providing support to the others, is telling governments considering stronger tobacco control measures to wait until the challenges are resolved.
Total 37 articles in this section.
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Australia delivered third resounding legal victory in plain packaging laws

Friday 29 June 2018
Australia has been delivered its third resounding legal victory in the defence of its tobacco plain packaging laws with release of the World Trade Organization (WTO) Panel Report overnight (Thursday, 28 June in Geneva). The Panel Report finds in favour of Australia, dismissing claims brought by Cuba, Dominican Republic, Honduras and Indonesia.