Peter K. Henning
Internationale und europäische Tabakkontrollpolitik
Eine rechtliche Analyse und Fallstudie am Beispiel von Einheitsverpackungen für Zigaretten
Studien zur Rechtswissenschaft, Band 358
Hamburg 2015, 232 Seiten
ISBN 978-3-8300-8638-3 (Print & eBook)
about this book
deutsch | englishBans on tobacco advertising currently play a major role in worldwide consumer protection policy. This is mainly attributable to the approach of the Australian government which made plain packaging for cigarettes obligatory in Australia on December 1, 2012. However, the European Union as well committed itself to further strengthen the European tobacco control policy by reforming the Directive 2001/37/EC with adoption of the Directive 2014/40/EU. The book “International and European Tobacco Control Policy - A legal analysis and case study on the example of plain packaging for cigarettes” puts the European tobacco control policy in an intercontinental context and demonstrates legal risks and possibilities. The author discusses tobacco advertising bans in the European Union taking into account case law of the European Court of Justice in relation to Directive 2001/37/EC and Directive 2003/33/EC. Furthermore, the author addresses the changes in the European tobacco control policy due to the most recently adopted Directive 2014/40/EU. Subsequently, the author compares the current tobacco advertising bans in the United States and the European Union and shows similarities and differences. The main focus of the book is on a case study examining the legality of plain packaging for cigarettes according to WTO-law and the law of the European Union. The author describes the concept of plain packaging and the respective legislative process in Australia as well as the attempts of the tobacco manufacturers to prevent or stop the legislation. By referring to the investment treaty claims against Australia the author examines the conformity of plain packaging with bilateral investment treaties and international agreements such as the TRIPS, GATT or TBT Agreement. Concerning a possible introduction of plain packaging in the European Union the author analyses if Article 114 of the Treaty on the functioning of the European Union can be used as a legal basis for an implementation. Furthermore, the conformity of plain packaging with the Charter of the Fundamental Rights of the European Union and the protection of the free movement of goods is examined by the author.
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