| Popis: |
This chapter looks at the latest case law of World Trade Organization (WTO) panels and the Appellate Body, investment tribunals, and the Court of Justice of the European Union (CJEU) relating to tobacco control measures. In this context, the chapter analyzes the use of standard of review by international economic law (IEL) dispute settlement bodies (DSBs) when dealing with complex factual determinations that form the basis for national regulatory measures. It argues that IEL DSBs have applied deferential standard of review when analyzing national tobacco control measures. While the approaches taken by different IEL DSBs are not identical, all of them seem to aim at guaranteeing a considerable margin of discretion to national regulators, thus promoting unity in the IEL field and reinforcing legitimacy of DSBs’ decisions. This also means that the DSBs have actually preserved, rather than undermined, the regulatory space available to states. |
