Trade and Public Health : The WTO, Tobacco, Alcohol, and Diet
Non-communicable diseases, associated with risk factors such as tobacco consumption, poor diet and alcohol use, represent a growing health burden around the world. The seriousness of non-communicable diseases is reflected in the adoption of international instruments such as the WHO Framework Convention on Tobacco Control; the WHO Global Strategy on Diet, Physical Activity and Health; and the WHO Global Strategy to Reduce the Harmful Use of Alcohol. In line with these instruments, states are beginning to use measures such as taxes, restrictions on marketing, product regulation and labeling measures for public health purposes. This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves.
- Electronic book text | 340 pages
- 18 May 2011
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
Table of contents
1. Intersections between trade and non-communicable disease; 2. Normative integration: using health instruments in interpretation of the WTO covered agreements; 3. Freedom to use taxes, subsidies and restrictions on marketing; 4. Necessity and regulatory autonomy under the GATT; 5. Product regulation and labeling measures under the SPS and TBT agreements; 6. Reallocating authority at the international level: delegation, legalisation and harmonisation; 7. Conclusion.
About Benn McGrady
Benn McGrady is an Australian lawyer based at the O'Neill Institute for National and Global Health Law at Georgetown University. He is an Adjunct Professor at the Georgetown University Law Center and a Research Assistant Professor in the Department of International Health, School of Nursing and Health Studies. He has provided legal advice to public health bodies and international organizations concerning the impact of international trade and investment law on measures to protect public health and has published work in journals such as the Journal of International Economic Law, the World Trade Review and the Journal of World Trade.
'The merging tensions between the norms - legal and otherwise - of free trade and public health protection related to tobacco, alcohol, and food have been receiving increasing scholarly attention, but, until now, there has not been a relatively comprehensive discussion of the principal issues framing these tensions. Writing chiefly from a legal perspective, and focussing purposefully on the World Trade Organization's (WTO) relationships with these three major public health areas, McGrady's Trade and Public Health: The WTO, Tobacco, Alcohol and Diet addresses many facets of the key issues.' World Trade Review