« Back to all events

When the lawfare is about evidence - From the negotiation of the Framework Convention on Tobacco Control to the international disputes against tobacco control measures (Philip Morris v Uruguay and Australia - Plain Packaging)

Dates:
  • Fri 27 Nov 2020 16.00 - 18.00
  Add to Calendar 2020-11-27 16:00 2020-11-27 18:00 Europe/Paris When the lawfare is about evidence - From the negotiation of the Framework Convention on Tobacco Control to the international disputes against tobacco control measures (Philip Morris v Uruguay and Australia - Plain Packaging)

  • This thesis defence will be held online via Zoom. If you wish to attend please contact [email protected]

This thesis analyses the role of evidence in the international law on tobacco control. Starting from the 1990s, the 'tobacco wars' have invaded the international arena, giving rise to what I call an 'international lawfare'. International law has been used as a double-edged tool: to spur action at the domestic level, and at the same time to deter domestic regulation. The battle has consisted of two main courses of action. First, under the auspices of the World Health Organization, the tobacco control network pushed for the negotiation of a treaty, the Framework Convention on Tobacco Control (FCTC). Second, as a counter-offensive, a wave of disputes has been lodged by the tobacco industry or by some States acting in their interest before international courts and tribunals (particularly the World Trade Organization dispute settlement system, ad-hoc international investment tribunals, and the Court of Justice of the European Union).

Against this background, my thesis explores how both sides of the battle (the tobacco control network and the tobacco industry) strategically used and challenged the evidence on the effectiveness of tobacco control measures. To this end, Chapter I describes how the treaty entrepreneurs built the FCTC as an evidence-based treaty to counteract the attacks on evidence by the tobacco industry. Chapter II reviews how, after its entry into force, the FCTC institutional arrangements and scientific cooperation provisions have created a continuous evidence-based regime. Chapter III explains how the tobacco industry used the international lawsuits to challenge the effectiveness of tobacco control measures. The conclusions, finally, discuss some of the main issues raised by this thesis, including the role of business actors in international regulation and the fragmentation of international law.

Outside EUI premises - DD/MM/YYYY
  Outside EUI premises -

  • This thesis defence will be held online via Zoom. If you wish to attend please contact [email protected]

This thesis analyses the role of evidence in the international law on tobacco control. Starting from the 1990s, the 'tobacco wars' have invaded the international arena, giving rise to what I call an 'international lawfare'. International law has been used as a double-edged tool: to spur action at the domestic level, and at the same time to deter domestic regulation. The battle has consisted of two main courses of action. First, under the auspices of the World Health Organization, the tobacco control network pushed for the negotiation of a treaty, the Framework Convention on Tobacco Control (FCTC). Second, as a counter-offensive, a wave of disputes has been lodged by the tobacco industry or by some States acting in their interest before international courts and tribunals (particularly the World Trade Organization dispute settlement system, ad-hoc international investment tribunals, and the Court of Justice of the European Union).

Against this background, my thesis explores how both sides of the battle (the tobacco control network and the tobacco industry) strategically used and challenged the evidence on the effectiveness of tobacco control measures. To this end, Chapter I describes how the treaty entrepreneurs built the FCTC as an evidence-based treaty to counteract the attacks on evidence by the tobacco industry. Chapter II reviews how, after its entry into force, the FCTC institutional arrangements and scientific cooperation provisions have created a continuous evidence-based regime. Chapter III explains how the tobacco industry used the international lawsuits to challenge the effectiveness of tobacco control measures. The conclusions, finally, discuss some of the main issues raised by this thesis, including the role of business actors in international regulation and the fragmentation of international law.


Location:
Outside EUI premises -

Affiliation:
Department of Law

Type:
Thesis defence

Contact:
Helene Debuire Franchini - Send a mail

Defendant:
Margherita Melillo (EUI - Law)

Supervisor:
Prof. Joanne Scott (EUI - Law Department)

Examiner:
Prof. Sergio Puig (University of Arizona Law)
Prof. Amandine Garde (University of Liverpool)
Prof. Jürgen Kurtz (EUI - Law Department)

Similar events

 

Page last updated on 18 August 2017