貿易法專題研究
Seminar on International Trade Law

主題：菸草框架公約與菸品國際管制 (Framework Convention on Tobacco Control and International Control of Tobacco Products)

I. GENERAL ISSUES
1. Tobacco Products – Harmful but “Regulated and Protected”
2. The Tobacco “Epidemic”
3. Theoretical Foundation of Establishing a Truly International Regulatory Regime
4. The Structure of UNFCTC
5. Guidelines and Protocol as Supplementary Mechanisms (Art. 33)
II. CERTAIN GENERAL PRINCIPLES
6. Objective of UNFCTC and Its Role in Interpreting the Convention (Art. 3)
7. General Principles (Art. 4)
8. General Obligations (Art. 5)
9. Relations with Other Treaties – WTO as an Example (Art. 2)
10. Relations with Other Treaties – Investment Treaties as an Example (Art. 2)
11. FCTC Helping Interpret Other Treaties
III. DEMAND CONROL – TO REGULATE THE PRODUCTS
12. Price and Tax Measures (Art. 6)
13. Contents Regulation (Art. 9)
14. Disclosure Regulation (Art. 10)
15. Regulation of Smokeless Cigarette and E-Cigarette
IV. DEMAND CONTROL – TO REGULATE PROMOTIONAL PRACTICE
16. Packaging and Labelling (Art. 11)
17. Advertising, Promotion and Sponsorship (Art. 13)
18. Plain Packaging Requirement
V. DEMAND CONTROL – TO REGULATE TOBACCO COMPANIES’ BEHAVIOR
19. Protection of Policy from Vest Interests (Art. 5.3)
20. Protection of Law Enforcement from Tobacco Companies’ Involvement
21. Liability Imposed on Tobacco Companies (Art. 19)
VI. DEMAND CONTROL – TO CHANGE SMOKERS’ BEHAVIORS AND TO PROTECT EVIRONMENT
22. Protection from Exposure to Tobacco Smoke (Art. 8)
23. Education, communication, training and public awareness (Art. 12)
24. Tobacco Dependence and Cessation (Art. 14)
25. Protection of Environment and Human Health (Art. 18)
VII. SUPPLY CONTROL – TO REGULATE ILLICIT TRADE
26. Spread of Tobacco Epidemic Caused by Illicit Trade and the Approaches Fighting It (Art. 15)
27. Tracking and Tracing Mechanism, Licensing, and Due Diligence Requirements and International Trade Rules
28. Spilled-over Benefits to Big Tobacco Companies and the Way of Easing the Situation
VIII. SUPPLY CONTROL – TO REGULATE INDIVIDUAL SELLERS AND BUYERS AND TO HELP DISADVANTAGED PARTICIPANTS
29. Sales to and by Minors (Art. 16)
30. Economically Viable Alternative Activities for Disadvantaged Participants (Art. 17)
IX. INTERNATIONAL COOPERATION, INSTITUTIONAL ARRANGEMENT, DISPUTE SETTLEMENT, AND ENTRCE
31. Exchange of Information (Art. 20)
32. Reporting and exchange of information (Art. 21)
33. Cooperation in the scientific, technical, and legal fields (Art. 22)
34. Conference of the Parties (COP), Secretariat and Financial Resources (Arts. 23, 24 and 26)
35. Relations between the Conference of the Parties and Intergovernmental Organizations (Art. 25)
36. Settlement of Dispute (Art. 27)
37. Adoption and Amendments (Arts. 29 & 28)
38. Reservations, Withdrawal, Voting (Arts. 30-32)
39. Entry into Force (Arts. 34-38)