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5 Asian J. WTO & Int'l Health L & Pol'y 53 (2010)
Recent Progress in the Development of a Protocol on the Illicit Trade in Tobacco Products

handle is hein.journals/aihlp5 and id is 55 raw text is: RECENT PROGRESS IN THE DEVELOPMENT OF A PROTOCOL ON THE ILLICIT TRADE IN TOBACCO PRODUCTS Neil Boister ABSTRACT This article reviews the development to date of the draft Protocol on the Illicit Trade in Tobacco Products currently under negotiation as a supplement to the Framework Convention on Tobacco Control. It suggests that diversion from the licit trade into the illicit trade is the main target of the draft Protocol. It examines the process of development of the draft Protocol from the Expert's Template through the various drafts produced by the International Negotiating Body in Geneva in the first three rounds of negotiations held in 2008 and 2009. The article suggests that the European Community's agreement with the Tobacco Company Phillip Morris International has served as a model for many of the regulatory provisions in the Draft Protocol. The article identifies tracking and tracing, licensing and due diligence as the three main tools to be used to prevent diversion, and sets out the problems and progress of negotiations in regard to each. The article also sets out the main criminal justice Professor Neil Boister, School of Law, University of Canterbury. The author would like to thank the organisers of the 2009 International Conference on FCTC: Control of Demand and Supply of Tobacco and International Trade, Taiwan Bureau of Health Promotion, Department of Health and Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, 28-29 August 2009, at which an earlier version of this paper was presented. He would also like to thank Jonathan Liberman and Benn McGrady for their comments on that earlier draft. The author acted as a consultant for the Framework Convention Alliance during the negotiation of the Illicit Trade Protocol and has attended all the INB's as an observer. The opinions expressed in this paper are, however, entirely his own.

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