Weaponising evidence : a history of tobacco control in international law
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Cambridge : Cambridge University Press, 2024, Cambridge studies in international and comparative law series ; 183
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MELILLO, Margherita, Weaponising evidence : a history of tobacco control in international law, Cambridge : Cambridge University Press, 2024, Cambridge studies in international and comparative law series ; 183 - https://hdl.handle.net/1814/76672
Abstract
Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organisations, the role of corporate actors and civil society organisations, and the importance and limits of science in law-making and litigation.
Table of Contents
-- 1. Introduction: Lawfare and Evidence in the International Law on Tobacco Control -- 2. The Negotiation of the WHO Framework Convention on Tobacco Control: Building an Evidence-Based Treaty -- 3. The Activities of the FCTC Conference of the Parties: Advancing an Evidence-Based Regime -- 4. Philip Morris v Uruguay (ICSID) and Australia – Plain Packaging (WTO): Strategic Evidentiary Challenges against Tobacco Control Measures -- 5. Conclusions: Lessons Learnt on Lawfare and Evidence
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Published online: 11 January 2024
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Published version of EUI PhD thesis, 2020