Dilemmas in the implementation of the World Health Organization Framework Convention on Tobacco Control.

Luciana Correia Borges,Ielbo Marcus Lobo De Souza,Henrique Zeferino De Menezes

doi:10.1590/0102-311x00136919

Abstract

The article analyzes some dilemmas related to the implementation of the Framework Convention on Tobacco Control, underscoring the States parties' difficulties in adopting public policies with proven cost-benefit and aimed at reducing tobacco's supply and demand. Specifically, the article examines the recommendation to adopt policies for plain cigarette packaging, as provided in the guidelines for implementation of the Convention's Articles 11 and 13. Based on case analysis, we identified political and legal factors that hinder the Convention's implementation, including the regulatory chill produced by legal claims filed by the tobacco industry, which uses investor-State arbitration clauses from bilateral investment agreements. The article concludes that despite the costs imposed on States and the delays in the adoption of such policies, in the medium and long term the rulings handed down by the arbitration courts and the World Trade Organization's Dispute Settlement Body can consolidate the understanding of the legality and effectiveness of policies that adopt the model.

Highlights

In recent years, noncommunicable diseases have gained increasing relevance on the Global Health agenda
Despite the initial costs produced by this type of international litigation, we contend in this article that in the medium and long term, the rulings by arbitration courts and the Dispute Settlement Body of the World Trade Organization (WTO) can consolidate the understanding of the legality and effectiveness of policies that adopt the Plain Packaging model
Global Health has been consolidated as a field of knowledge with a broad research agenda, and with the design of collaborative strategies and actions focused on health problems and their national and international social determinants

Summary

Introduction

Noncommunicable diseases have gained increasing relevance on the Global Health agenda. Consolidated scientific and clinical evidence of the correlation between tobacco use and a range of serious diseases has led to important responses for the reduction of tobacco’s supply and demand through national and international public policies. The Framework Convention on Tobacco Control (FCTC) of the World Health Organization (WHO) is the most important global response to the tobacco epidemic, having been reconfirmed as an essential instrument through target 3.a of the Sustainable Development Goals (SDGs): “Strengthen implementation of the Framework Convention on Tobacco Control in all countries as appropriate”. Despite the initial costs produced by this type of international litigation, we contend in this article that in the medium and long term, the rulings by arbitration courts and the Dispute Settlement Body of the World Trade Organization (WTO) can consolidate the understanding of the legality and effectiveness of policies that adopt the Plain Packaging model

Global Health and the Framework Convention on Tobacco Control

Dilemmas in the implementation of the Plain Packaging model

Foreign investment and regulatory chill

Findings

Final remarks