Trade and Public Health
The WTO, Tobacco, Alcohol, and Diet

Examines extent to which law of the WTO restricts domestic implementation of taxes, restrictions on marketing, product regulation and labeling measures for public health purposes.

Benn McGrady (Author)

9781107008410, Cambridge University Press

Hardback, published 31 March 2011

340 pages
22.9 x 15.2 x 2.1 cm, 0.62 kg

'McGrady's book marks a generational shift in the field, framing WTO law not in contradistinction to, or tension with, 'non-trade' law such as human rights, but rather examining the operation of WTO law when viewed from a public health perspective.' Gregory Messenger, Journal of International Economic Law

Non-communicable diseases, associated with risk factors such as tobacco consumption, poor diet and alcohol use, represent a growing health burden around the world. The seriousness of non-communicable diseases is reflected in the adoption of international instruments such as the WHO Framework Convention on Tobacco Control; the WHO Global Strategy on Diet, Physical Activity and Health; and the WHO Global Strategy to Reduce the Harmful Use of Alcohol. In line with these instruments, states are beginning to use measures such as taxes, restrictions on marketing, product regulation and labeling measures for public health purposes. This book examines the extent to which the law of the World Trade Organization restricts domestic implementation of these types of measures. The relationship between international health instruments and the WTO Agreement is examined, as are the WTO covered agreements themselves.

1. Intersections between trade and non-communicable disease
2. Normative integration: using health instruments in interpretation of the WTO covered agreements
3. Freedom to use taxes, subsidies and restrictions on marketing
4. Necessity and regulatory autonomy under the GATT
5. Product regulation and labeling measures under the SPS and TBT agreements
6. Reallocating authority at the international level: delegation, legalisation and harmonisation
7. Conclusion.

Subject Areas: International economic & trade law [LBBM], Law [L], Economic growth [KCG], Economics, finance, business & management [K], Development studies [GTF]