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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.

Comment on Derek Yach’s Lancet article Foundation for a smoke-free world

Monday 16 October 2017
I was extremely surprised to learn that Derek Yach had cited a paper of mine in his recent Lancet piece, Foundation for a smoke-free world, about his new Philip Morris-funded foundation. I do not agree with Yach’s assertion and will hope to have his inaccurate reference to my article removed from his Lancet paper.

Philip Morris ordered to pay Australia for costs of defending tobacco plain packaging investment challenge

Thursday 27 July 2017
On 13 July 2017, the tribunal constituted to hear Philip Morris Asia Ltd’s (PMA) investment treaty challenge against Australia’s tobacco plain packaging laws ordered PMA to reimburse Australia for costs involved in defending the case.

Court of Appeal of Kenya rejects BAT challenge to Tobacco Control Regulations

Thursday 6 April 2017
On 17 February 2017, the Court of Appeal of Kenya at Nairobi upheld the High Court of Kenya’s dismissal of a legal challenge brought by British American Tobacco (BAT) to the Tobacco Control Regulations (2014), made under the Tobacco Control Act (2007).

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.

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.

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.

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.

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.

From Australia to Thailand - defending tobacco packaging laws against multinational tobacco industry lawsuits

Friday 27 September 2013
I had the great privilege of being in Bangkok, Thailand, last week to talk with public health and legal colleagues about Thailand's defence of lawsuits brought against it by the multinational tobacco industry.

Flagging down a cab or booking a chauffeur-driven limousine? Are we lowering the Bar?

Friday 5 April 2013
Under the cab rank rule, a barrister should not refuse a brief on the basis of the objectionableness of a potential client’s behaviour or character. The rule was the subject of a very interesting event we co-hosted last month, ‘Is it the end of the line for the cab rank rule?’, with Monash University’s Centre for Regulatory Studies on the occasion of the visit to Melbourne of UK Professor John Flood, who has recently published a paper, with Professor Morten Hviid, ‘The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market’
Total 16 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.