How Trade-Restrictive Is Standardized Packaging? Economic and Legal Implications of the WTO Panel Reports in Australia–Tobacco Plain Packaging

Autor:	Kristy Buzard, Tania Voon
Rok vydání:	2020
Předmět:	Consumption (economics) Economics and Econometrics business.industry restrict Agreement on Technical Barriers to Trade Political Science and International Relations Appeal International trade Intellectual property Trade barrier business Law Plain packaging
Zdroj:	World Trade Review. 19:267-281
ISSN:	1475-3138 1474-7456
DOI:	10.1017/s1474745620000051
Popis:	The lengthy and long-awaited WTO Panel Reports in Australia–Tobacco Plain Packaging contain a host of material for reflection, particularly in relation to the Agreement on Technical Barriers to Trade (TBT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights. While two of the Panel Reports proceed to appeal, we consider with respect to the two adopted Panel Reports the Panel's reasoning in relation to Article 2.2 of the TBT, focusing on the meaning of trade-restrictiveness. This concept central to WTO law has been under-examined to date, and these Panel Reports demonstrate some of the complexities in identifying trade-restrictive measures, particularly where they are non-discriminatory. The Panel found that Australia's measures restrict trade because they contribute to their objective of reducing tobacco consumption. Therefore, any equally effective alternative will similarly restrict trade. This curious result under TBT Article 2.2 may be particular to non-discriminatory measures that target ‘socially bad’ products such as tobacco.
Databáze:	OpenAIRE
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