ORGANIZATIONS IN SUPPORT OF TOBACCO INDUSTRY’S ARGUMENTS AGAINST PLAIN PACKAGING
AMICUS CURIAE SUBMISSIONS INCORPORATED BY WTO MEMBERS THAT OPPOSED AUSTRALIA’S PLAIN PACKS
Based on the WTO Panel Report in favor of Australia’s Plain Packaging
Consistent with its tactic of utilizing third parties to counter tobacco control policies, the tobacco industry is likely to mobilize business organizations in its campaign to challenge FCTC Parties’ efforts to impose plain packaging or increase the size of graphic health warnings.
In the WTO proceedings on the Australia plain packaging law, several business platforms had submitted arguments that echo tobacco industry’s claims against the public health measure, through amicus curiae submissions.
A total of thirty six (36) such submissions were attached as exhibits of complainants Dominican Republic, Honduras, and Indonesia. In WTO dispute settlement history[i], thirty six (36) is a record number of amicus curiae submissions in a WTO dispute. Counting organizations with joint submissions, the submissions involved over forty (40) organizations, hosted in about twenty seven (27) countries. [ii]Note: Submissions by groups of organizations are split up into the constituent organizations if their offices are in different countries. Highlighted in red are the regional or international associations or organizations.
Note: Submissions by groups of organizations are split up into the constituent organizations if their offices are in different countries. Highlighted in red are the regional or international associations or organizations.
[i] Charwat, Nicola (2016). “Who Participates as Amicus Curiae in World Trade Organization Dispute Settlement and Why?” New Zealand Universities Law Review. Vol. 27. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3021553 (accessed on 18 July 2018);
A review of submissions from 1996-2014: the Appellate Body and implementation review panels were reported to have received “at least 108 submissions across 49 disputes.”
[ii] Panel Report, 28 June 2018, WT/DS435/R, WT/DS441/R, WT/DS458/R, and WT/DS467/R.