39 Hous. J. Int'l L. 489 (2017)
Smoke and Mirrors: Reconciling the Right to Health and the Right to Tobacco in Times of Armed Conflict

handle is hein.journals/hujil39 and id is 525 raw text is: 










               SMOKE AND MIRRORS:
   RECONCILING THE RIGHT TO HEALTH
   AND   THE RIGHT TO TOBACCO IN TIMES
               OF   ARMED CONFLICT

                 James D. Fry & Agnes  Chong*

I.    INTRODUCTION       .......................... ....... 490

II.   A BRIEF HISTORY  OF TOBACCO  USE.....    ......... 493
      A.  Perceived Health Benefits from Tobacco Use at the
          Time of Drafting the Geneva Conventions......... 494
      B.  Perceived Health Harms  from Tobacco Use ...... 497
      C.  ICRC  Involvement in Tobacco Usage................. 500

III.  THE RIGHT  TO TOBACCO  IN INTERNATIONAL
      HUMANITARIAN   LAW....        ....................... 505
      A.  1929 Geneva  Convention           ........... ....... 505
      B.  Third Geneva  Convention of 1949............ 510
      C.  Fourth Geneva  Convention of 1949.................... 519

IV.   THE RIGHT  TO BE FREE  FROM THE  HARMFUL   EFFECTS
      OF TOBACCO  UNDER   INTERNATIONAL   HUMAN  RIGHTS
      LAw  ..........................................  524



* James Fry is an Associate Professor of Law and Director of the LL.M. Program at the
University of Hong Kong Faculty of Law. Agnes Chong is a PhD Candidate at the
University of Hong Kong Faculty of Law. The authors thank Anna Baka, Kenny Cheung,
Claudia Kwok, Timothy Mason, Nancy Moo, and Thomas Wong for their research
assistance on earlier drafts of this Article. The authors also thank John Cerone, Michael
Davis, Bertrand Ramcharan, and anonymous reviewers for their encouragement and
feedback on earlier drafts of this Article, as well as the participants in the 2012 IAITL
Conference & 2nd International Public Law Conference in Athens, Greece, where a version
of this Article was presented and helpful feedback was received. This publication has been
made possible by a generous grant from the Research Grants Council of the Hong Kong
Special Administrative Region, China (Project No. HKU 744310H).


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