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Adoption of Framework Convention on Tobacco Control

Published online by Cambridge University Press:  10 March 2017

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 97 , Issue 3 , July 2003 , pp. 689 - 691
Copyright
Copyright © American Society of International Law 2003

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References

1 WHA Res. 49.17 (May 25, 1996).

2 WHA Res. 52.18 (May 24, 1999).

3 Framework Convention on Tobacco Control, May 21,2003,42 ILM 518 (2003) [hereinafter FCTC]. The FCTC was adopted by WHA Res. 56.1 (May 21,2003). The convention and associated WHO press releases and fact sheets are available at <http://www.who.int/tobacco>.

4 For background on the negotiations, see WHO, The Framework Convention on Tobacco Control—A Primer (2003); WHO Press Release on World Health Organization Adopts Historic Tobacco Control Pact (May 21, 2003); see also Langley, Alison, World Health Meeting Approves Treaty to Discourage Smoking, N.Y. Times, May 22, 2003, at A13.Google Scholar

5 FCTC, supra note 3, Arts. 34, 36.

6 For U.S. congressional commentary discussing and criticizing certain U.S. government positions during the negotiations, see Letter from Rep. Henry A. Waxman, Ranking Minority Member, House Committee on Government Reform, to President George W. Bush (Apr. 29,2003), at<http://www.house.gov/reform/min/>; Minority Staff of the House Committee on Government Reform, 107th Cong., U.S. Positions on Selected Issues at the Third Negotiating Session of the Framework Convention Ontobacco Control (Mar. 5,2002), at <http://www.house.gov/reform/min/>; see also Waxman, Henry, The Future of the Global Tobacco Treaty Negotiations, 346 New Eng. J. Med. 936 (2002)CrossRefGoogle ScholarPubMed. For views by a nongovernmental organization called the Framework Convention Alliance, which favors the adoption of strict controls on tobacco and tobacco products, see <http://www.fctc.org/index.shtml>.

7 Chair’s Text of a Framework Convention on Tobacco Control (Revised), Art. 16(2), WHO Doc. A/FCTC/INB6/2 (Jan. 13, 2003) [hereinafter Chair’s Text].

8 FCTC, supra note 3, Art. 16(2).

9 Chair’s Text, supra note 7, Arts. 1 (b), 16 (1).

10 FCTQ supra note 3, Art. 16 (1). The understanding of the parties appears to be that the lowest of these three ages is the controlling one.

11 New Chair’s Text of a Framework Agreement on Tobacco Control, Art. 13, WHO Doc. A/FCTC/1NB5/2 (June 25, 2002).

12 Id., Art. 1(e), (i), (j).

13 See, e.g., Foulkes, Imogen, Anti-tobacco Treaty Agreed, BBC News, Mar. 1, 2003, at <http://www.news.bbc.co.uk>.Google Scholar

14 FCTC, supra note 3, Art. 13(2) (emphasis added).

15 Id., Art. 1(c), (g).

16 See, e.g., Kaufman, Marc, U.S. Seeks to Alter Anti-tobacco Treaty; “Reservations” Clause Sought as Way Out of Some Provisions, Wash. Post, Apr. 30, 2003, at A1 Google Scholar (quoting Department of Health and Human Services spokesman as saying that “the primary concern of the U.S. negotiators is that . . . the treaty could . . . be unconstitutional by interfering, for instance, with free speech rights”).

17 See United States, Textual Proposals Made at the Second Meeting of Working Group 1, WHO Framework Convention on Tobacco Control, WHO Doc. A/FCTC/INB2/WGl/Conf. Paper No. 2 (May 1,2001) (on file at GWU).

18 Id.

19 Such arguments had been pressed by the U.S. tobacco industry. See, e.g., Philip Morris International, Inc. & Philip Morris USA, Detailed Paper on The WHO’s Proposed FCTC (undated), at <http://www.pmfctc.com/content/fctc/pm_fctc.pdf>; see generally Langley, Alison, Anti-tobacco Pact Gains Despite Firms’ Lobbying, N.Y. Times, May 20, 2003, at A11 Google Scholar.

20 See Press Release on Framework Convention for Tobacco Control, INB6, Statement of the United States of America (Mar. 1, 2003), at <http://www.us-mission.ch/press2003/0303TobaccoControl.html>.

21 See Langley, Alison, U.S. Wants to Reopen Talks on Global Anti-tobacco Pact, N.Y. Times, May 1,2003, at A6 Google Scholar (reporting that the United States sought removal of Article 30 of the convention, which prohibits reservations); Kaufman, Marc, U.S. Seeks to Alter Anti-tobacco Treaty, Wash. Post, Apr. 30, 2003, at A1.Google Scholar

22 See Langley, Alison, U.S. to Support World Tobacco-Control Treaty, N.Y. Times, May 19, 2003, at A2.Google Scholar Although the United States did not explain why it was voting for FCTC adoption, it did state that it was interested in a preparatory meeting on the issue of illicit trade in cigarettes, and attendance at that meeting requires a state to have voted for FCTC adoption. See Stein, Rob & Kaufman, Marc, U.S. Backs Pact Curbing Tobacco Use Worldwide, Wash. Post, May 19, 2003, at A1.Google Scholar