貿易法專題研究
Seminar on International Trade Law
Professor Chang-fa Lo
Main Topic: Trade, Investment and Tobacco Control

Specific topics to be discussed
1. Reasons to control tobacco and tobacco product: Health, economic, cultural, and other reasons
2. Methods of tobacco control under FCTC:
(1) Price and tax measures relating to the reduction of demand for tobacco
(2) Non-price measures to reduce the demand for tobacco; Protection from exposure to tobacco smoke; Regulation of the contents; Regulation of tobacco product disclosures; Packaging and labeling of tobacco products; Education, communication, training and public awareness; Tobacco advertising, promotion and sponsorship; Demand reduction measures concerning tobacco dependence and cessation
(3) Measures relating to the reduction of the supply of tobacco (Illicit trade in tobacco products; Sales to and by minors; Provision of support for economically viable alternative activities); Protection of the environment; Questions related to liability; others related issues
3. Trade rules concerning tobacco control
(1) TBT
(2) SPS?
(3) GATT Article III
(4) GATT Article XI
(5) GATT Article XX
(6) GATS?
(7) TRIPS (trademark)
4. Investment rules concerning tobacco control
(1) Bilateral investment treaty (BIT)
(2) Scope of investment
(3) Expropriation
5. Specific Issues
(1) U.S. - Clove Cigarettes (2011)
(2) Thailand - Cigarettes (Philippines) (2010)
(3) Dominican Republic – Cigarettes (2004)
(4) Thailand - Cigarettes (GATT) (1990)
(5) Tobacco and the Agreement on Agriculture
(6) Tobacco control and BIT in general
(7) Plain packaging and TRIPS Agreement
(8) Plain packaging and BIT
(9) Health warning and trade or investment rules
(10) Restriction of smokeless tobacco and related trade issues