TOBACCO CONTROL LAWS

United States v. Thailand

The United States asked the Panel to recommend that Thailand eliminate its restrictions on cigarette imports and bring its tax laws into conformity with its obligations under GATT. Noting various measures available to Thailand to control the negative consequences of tobacco besides restricting importation, the Panel decided that the restrictions were not an acceptable exception to GATT requirements. However, the Panel found in favor of Thailand with respect to its tax laws, concluding that legislation merely giving the executive the possibility to act inconsistently with GATT could not, by itself, be in violation of GATT.

United States v. Thailand, DS10/R - 37S/200, World Trade Organization (WTO) Panel Report (1990).

  • Thailand
  • Nov 7, 1990
  • World Trade Organization (WTO) Panel Report
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Parties

Plaintiff United States

Defendant Thailand

Legislation Cited

Tobacco Act, 1966, Section 27

International/Regional Instruments Cited

General Agreement on Tariffs and Trade 1994 (GATT)

Related Documents

None

Type of Litigation

Trade Panel/Investment Tribunal/Arbitration
Governments may bring complaints before intergovernmental bodies on tobacco-related issues. For example, one country may complain that another country’s tax regime discriminates against its exported tobacco products. In some cases, a treaty may allow a private party to file a complaint against a government before an intergovernmental body.

Tobacco Control Topics

Price and Tax Measures
Tax or price measures, including tax- and duty-free regulation. (See FCTC Art. 6)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Trade Violation
A claim of an infringement of any international trade agreement, including General Agreement on Tariffs and Trade (GATT), Technical Barriers to Trade (TBT), Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), or bilateral treaties.
Encourage Illicit Trade
Regulatory measures may lead to an increase in illegal sales, such as counterfeit products. The industry may also argue that such illicit trade will reduce tobacco tax revenue.

Type of Tobacco Product

None

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