The Consistency of Tobacco Plain Packaging under the WTO/TBT Agreement － The Feasibility of its Implementation in Taiwan

• Main Authors: Chen, Szu-Yu, 陳思妤
• Other Authors: Ni, Kuei-Jung
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/j7y7b6

碩士 === 國立交通大學 === 科技法律研究所 === 105 === Tobacco plain packaging is considered as an effective tool to reduce tobacco consumption and accordingly recommended in Framework Convention on Tobacco Control (FCTC) and its Guidelines for Implementation. In 2011, Australia passed the Tobacco Plain Packaging Act 2011, which is the first country in the world to require tobacco products to be sold in plain packaging. However, the measure was complained in a violation of WTO laws, specifically TRIPs, TBT Agreement and the GATT, which is known as Australia – Tobacco Plain Packaging. In that case, Tobacco Plain Packaging Act is alleged to violate Article 2.2 of the TBT Agreement, which obliges Members to ensure not to adopt technical regulation with the effect of creating unnecessary obstacles to international trade. Meanwhile, the issue whether FCTC Guidelines for Implementation constitute an international standard which could be considered rebuttably legitimate shall be solved as well. First, the thesis will introduce tobacco plain packaging, including the evaluation, the substantial rules under Australian act, the expected positive and negative results, and ongoing international litigations concerned with such measure. Second, the thesis will discuss the legality of plain packaging under the TBT Agreement by looking backward on the precedence concerning international standards and relevant materials to establish the requirements for examination. Third, this thesis will conduct the empirical study by interviewing several experts and practitioners to collect data regarding the effect of the plain packaging, the experience in attending FCTC/COP, the opinions over the necessity of using plain packaging, and the suggestion for Taiwan to impose plain packaging. At last, the thesis presents the conclusion, including the legality of applying plain packaging under the TBT Agreement and also some suggestions for Taiwan if such measures are going to be implemented domestically.