Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Thai Cigarettes Case: A Current Critique

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter provides a brief overview of the factual background and the General Agreement on Tariffs and Trade (GATT) proceedings of the Thai Cigarettes case and introduces the main issues raised by the case. It discusses the panel's two analytical approaches with regard to Thai health objectives and trade measures. Finally, the chapter critiques the Thai Cigarettes case on several points: (1) whether the panel's efforts to seek the opinion of a neutral outside expert were successful; (2) whether the panel legitimately applied the Section 337 "least-inconsistent test" to a health policy case; (3) whether the "reasonably available" standard should be applied to all countries in the same way; (4) whether the panel would have reached a different conclusion if Thailand had introduced regulations governing cigarette manufacturing techniques concerning tobacco reconstitution; and (5) whether this case illustrated any limits on supply-side tobacco control under international economic law.

Keywords: cigarette manufacturing techniques; GATT; health policy; international economic law; supply-side tobacco control; Thai Cigarettes case; Thai health objectives; tobacco reconstitution; trade measures

10.1163/ej.9781571053701.i-716.13
/content/books/10.1163/ej.9781571053701.i-716.13
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Reconciling Environment and Trade — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation