SRG JHSPH-MTCC 2014 Harmonization Between International Trade Policy with The Right to Health’s Standard: Case Study on WTO-DSB on US-Clove Cigarettes.

Slides:



Advertisements
Similar presentations
Law Access to Health Care as a Human Rights Issue Professor Fons Coomans Maastricht University Centre for Human Rights.
Advertisements

Social Work Day at the United Nations 28 March 2011 Social Work Day at the United Nations 28 March 2011.
Actions Developing in Countries Accessing the WTO System Vung Tau, February 2006 “US – Brazil Compulsory licensing.
SYMPOSIUM ON HIV & HUMAN RIGHTS IN THE CARIBBEAN Human rights needs of PLWHIV Suzette M. Moses-Burton.
THE UNIDROIT PRINCIPLES 2010:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and.
Sources Of Human Rights
Campaign for Tobacco-Free Kids The Real Deal on International Trade; Investment Agreements; and Packaging and Labeling Regulations.
Global Poverty Defining, Measuring and Analyzing Trends.
Prof. Amandine Garde School of Law and Social Justice University of Liverpool
The Right to Health Protection. Art. 1º All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and.
“The Rights of the Child and the Role of the Medical Profession in Protecting the Right to Health” -- Prof. David Weissbrodt Topics and Advances in Pediatrics.
The “Housing First” Approach to Ending Homelessness Housing First 101 November 16, 2004.
Reconciling Trade with the Right to Food International Human Rights Organization for the Right to Food.
 Addressed by the Declaration of Independence (“All men are created equal”) and by the 14 th Amendment (citizenship and equal protection of the laws).
Taking a Public Health Approach to Tobacco Control
Presentation to US Trade Representative – July |1 | Tobacco Control and Trade Timothy K. Mackey, MAS USTR TPP Negotiations San Diego, CA 2012 International.
Liberalizing Trade in Agriculture and Food Security Vanderbilt Symposium on Food Security Prof. Christine Kaufmann, University of Zurich Nashville, 16.
Exception to rules on free trade Need to strike a balance between free trade and other values. Member can justify measures incompatible with WTO Agreements.
 PREAMBLE:  Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation.
What Does the Right to Health Mean from a Human Rights Perspective?
HUMAN RIGHTS BASED APPROACH See Me Brewing Lab Cathy Asante.
Integrating human right norms into tobacco litigation Oscar A. Cabrera O’Neill Institute for National and Global Health Law Georgetown University 15 th.
DOMESTICATION OF TRIPS FLEXIBILITIES IN NATIONAL IP LEGISLATION FOR STRENGTHENING ACCESS TO MEDICINES IN ZAMBIA PROPOSED PATENT BILL AND ITS RELEVANCY.
Beyond “the highest attainable standard”: Analyzing an Evolving Right to Health as a Means of Protecting Public Health Benjamin Mason Meier, JD, LLM, MPhil.
1 THE THIRD ENERGY PACKAGE – THE ENERGY COMMUNITY APPROACH Energy Community Secretariat 20 th Forum of the Croatian Energy Association and WEC National.
Questionnaire on Human Rights in relation to health inspection Tallin May 2010 Olav Molven Norwegian Board of Health Supervision.
EXAMPLES OF TECHNICAL BARRIERS TO TRADE  one of the main TBT issue at the moment is labelling (see Tuna report)  brief overview of marks and rules of.
EPHA EGM 2/12/2002 A definition of health A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
Dispute settlement GATT 1947 provided for a dispute settlement system based on consultations and negotiations between Members. The Contracting Parties.
Women’s Human Rights Alliance Introduction Here. UN System Treaty Based Human Rights Treaties -Treaty Based Committees Office of the High Commissioner.
Introduction to Trade and Health Benn M c Grady, PhD O’Neill Institute for National and Global Health Law Georgetown University Law Center
EUROCARE 4th European Alcohol Policy Conference Brussels, June 2010 Dr Michel Craplet Chairman Eurocare Senior Medical Adviser ANPAA 1.
DOMESTICATION OF TRIPS FLEXIBILITIES IN NATIONAL IP LEGISLATION FOR STRENGTHENING ACCESS TO MEDICINES IN ZAMBIA PROPOSED PATENT BILL AND ITS RELEVANCY.
Alicia Ely Yamin, JD MPH Harvard University Chr. Michelsen Institute (Norway)
Capacity building workshop on environment and health Public participation and the right to know: Aarhus Convention and PRTR Protocol Monica Guarinoni Sofia,
Basic concepts in Human Rights
Trade Union Training on Economic and Financial Analyses of Enterprises INTERNATIONAL LABOUR STANDARDS: PROCEDURES AND SUPERVISION Turin, 9 August 2005.
Measuring the New Sustainable Development Goals: Opportunities and Challenges for Human Rights Nicolas Fasel Office of the United Nations High Commissioner.
Health & Consumers Directorate General
IAFS 1000 Human Rights: The Pinochet Prosecutions.
The Inter-American Human Rights System Cecilia M. Bailliet.
Rules of International Health Law. International Legal Provisions Universal Declaration of Human Righs 1948, Article 25: “Everyone has the right to a.
Case: Italian Discrimination Against Imported Agricultural Machinery
Child Health, Politics and Human Rights in Indonesia Beth E. Rivin, M.D., M.P.H. APHA Conference November 5, 2007.
Foreign Investment in Agricultural Lands and the Human Right to Water Carmen G. Gonzalez Seattle University School of Law.
By: Daleah Elliott Adjective; Unable to be taken away from or given away by the possessor in·al·ien·a·ble /in ˈ ālēənəbəl/ :
International Labour Office 1 2 nd African Decent Work Symposium “Promoting Jobs, Protecting People” Yaounde, 6 –8 October nd African Decent Work.
INTERNATIONAL TRAINING CENTRE OF THE ILO/TURIN INTERNATIONAL LABOUR ORGANIZATION.
THE HUMAN RIGHTS. THE RIGHT TO PRIVACY No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks.
Game “Stepping into Human Rights”. Human Rights are universal this means…
Access to Health Services OIYP Kaleidoscope Workshop October 2007.
Overview of presentation
Human Rights: Why is it a Doctor’s Business?
Exception to rules on free trade
Package of agreements annexed to the WTO Agreement
The ILO’s strategy for the extension of social security and the role of international social security standards Social Protection Floors Recommendation,
Protection, Transparency, Exclusion
Ifdhal Kasim Human Rights Advocate
Article 3- Everyone has the right to life, liberty and security of person. Article 4- No one shall be held in slavery or servitude; slavery and the slave.
National Institute for Health and Welfare, Finland
ПОСИЛЕННЯ ПОТЕНЦІАЛУ ІНСТИТУЦІЇ УКРАЇНСЬКОГО ОМБУДСМЕНА:
United States — Countervailing and Anti-dumping Measures on Certain Products from China Bijou, Promito, Vasily.
Human Rights: The Legal Framework
SOCIAL SECURITY FOR TRADE UNION ORGANIZATIONS
FUNDAMENTAL SOCIAL RIGHTS IN EU
INTERNATIONAL LAW AND LABOUR RELATIONS
Presentation to AES (Agricultural Economics Society),
Dr Annamaria La Chimia Associate Professor University of Nottinham
Presentation transcript:

SRG JHSPH-MTCC 2014 Harmonization Between International Trade Policy with The Right to Health’s Standard: Case Study on WTO-DSB on US-Clove Cigarettes Researchers: Dodik Setiawan Nur Heriyanto, S.H., M.H. (Head) Eko Rial Nugroho, S.H., M.H. (Member) Phone: +62 8122777349 / E-mail: dodiksetiawan@gmail.com E-mail: dodiksetiawan@gmail.com

Dominancy of Kretek Industries in Indonesia SRG JHSPH-MTCC 2014 Dominancy of Kretek Industries in Indonesia Kretek commanded 85-90% of entire cigarrete market More 500 independent kretek manufacturers (employs 180.000 people and 10 million people indirectly). Largest Indonesian revenue. (Gilman and Zhou: 2004) Hospitals, researcher and etc. 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

Chance in International Trade Clove Cigarettes Importir Exportir 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

SRG JHSPH-MTCC 2014 Innovative Content DSB WTO guideline in facing the right to health issue DSB WTO awareness on the World Tobacco Control Policy (FCTC) Conceptual harmonization by human rights approach as the meeting point between the right to health and the right to trade in future DSB WTO disputes Rasio decidendi – judges reasoning. 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

SRG JHSPH-MTCC 2014 Research Question Why does WTO DSB upheld that the US ban on clove cigarettes import contradict with the non discrimination? How to harmonize the right to health standard with the right to trade? Is there any legal consequences of the DSB report on the United States ban on clove cigarettes import? No Political Will 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

SRG JHSPH-MTCC 2014 Research Objective To describe about development of tobacco business industry and its influence to international trade relations between states; To provide new understanding arguments whether WTO ruling give uncertainty implementation in regard with human health protection issues and support the MPOWER strategy under World Health Organization; and to give deep concern about foreign community awareness that cigarettes influences bad effect for young generations and health No Political Will 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

SRG JHSPH-MTCC 2014 Research Methodology NORMATIVE APPROACH This research will use legal normative approach. With this methodological approach, this research will use legal materials as the main data to analyze the problems occured. The legal materials will be analyzed in quantitative way to obtain a comprehensive conclusions to solve the problem’s formulation in this research. Rasio decidendi – judges reasoning. 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

US Ban on Clove Cigarette’s Import SRG JHSPH-MTCC 2014 US Ban on Clove Cigarette’s Import US Family Smoking Prevention and Tobacco Control Act 2009. Upheld by Appellate Body Worldwide critics Prohibition to ban Bans Flavored Cigarettes (including Kretek from Indonesia) to be imported in US but still exempted menthol cigarettes DSB Panel rulling: clove cigarettes and menthol cigarettes are like products Hospitals, researcher and etc. This bans challenged by Indonesia before DSB WTO Breach National Treatment (Article TBT Agreement, GATT 1994) 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

National Legislations SRG JHSPH-MTCC 2014 How to harmonize? Right to health ICESCR Art. 25 par. (1) UDHR CRC CRPD Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control FCTC MPOWER No Political Will National Legislations International Usages 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

Human Right Based Approach SRG JHSPH-MTCC 2014 Human Right Based Approach Trade Disputes WTO Rules (GATT) WTO DSB Article XX (b) Duty to Respect The Right to Health measure Human Rights Approach No Political Will Duty to Protect Duty to Fulfill Vienna Convention on The Law of Treaties 1969 FCTC State Obligation 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

General Comment ICESCR No.14 SRG JHSPH-MTCC 2014 General Comment ICESCR No.14 ICESCR: International Convention on Economic, Social, and Cultural Rights Violations of the obligation to protect follow from the failure of a state to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to health by third parties. This category includes such omissions as the failure to regulate the activities of individuals, groups or corporations so as to prevent them from violating the right to health of others; the failure to protect consumers and workers from practices detrimental to health, for example by employers and manufacturers of medicines or food; the failure to discourage production, marketing and consumption of tobacco, narcotics and other harmful substances. No Political Will 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

Legal Consequences of WTO DSB Ruling on US-Clove Cigarettes SRG JHSPH-MTCC 2014 Legal Consequences of WTO DSB Ruling on US-Clove Cigarettes Legal uncertainty in promoting Tobacco Control policy worldwide No grave intention of state obligation to protect the right to health Make FCTC less effective and binding power Less justice result to achieve the real goals of world trade relations Rasio decidendi – judges reasoning. 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

SRG JHSPH-MTCC 2014 Conclusion US-Clove Cigarettes Case takes world attention because of contradiction effort between states obligation in controlling cigarettes market on behalf of public health and the trade interest. The existence of art. XX (b) GATT indicates that right to health shall have priority use in analyzing related cases The idea of using rights based approach in WTO DSB decision making process The using of FCTC to interpret cigarette cases in WTO DSB US-Clove Cigarettes Case will cause legal uncertainty of FCTC implementation and injustice trade. 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com

SRG JHSPH-MTCC 2014 Recommendation WTO and WHO shall work together in creating single legal instrument to harmonize the goals between the two organizations. Indonesia and US shall ratify the FCTC to support their common effort in tobacco control in domestic level 2015 © Dodik Setiawan Nur Heriyanto Copyright E-mail: dodiksetiawan@gmail.com