Trade treaties and alcohol advertising policy

Journal of Public Health Policy

Volumn 26, Issue 3, 2005, Pages 359-376

  Gould, Ellen ^a  

^a Cedar Isle Research   (Canada)

Author keywords

Alcohol; GATS; NAFTA; WTO

Indexed keywords

ALCOHOL;

ADOLESCENCE; ADVERTIZING; ALCOHOL CONSUMPTION; CULTURAL FACTOR; ECONOMIC ASPECT; GOVERNMENT; HUMAN; JUVENILE; MARKETING; MASS MEDIUM; POLICY; REVIEW;

ADVERTISING; ALCOHOLIC BEVERAGES; COMMERCE; INTERNATIONALITY; PUBLIC POLICY;

EID: 24644516662     PISSN: 01975897     EISSN: None     Source Type: Journal    
DOI: 10.1057/palgrave.jphp.3200036     Document Type: Review

References (29)

1. In a letter to the US government, the Coalition of Services Industries (CSI) stated. "Since adoption of the NAFTA and GATS, non-discriminatory domestic regulation has emerged as an important issue affecting market access for services. GATS includes some provisions in this area; NAFTA has few. CSI believes the FTAA negotiations must be more ambitious in developing rules and disciplines to address trade distortions caused by domestic regulation. These rules and disciplines should not be confined to issues of transparency alone... ." US Coalition of Services Industries Correspondence with Gloria Blue, executive secretary, trade policy staff committee, Office of the US Trade Representative, regarding USCSI position on the Free Trade Area of the Americas negotiations; 9 October 2001. Available at http://www. uscsi.org/publications/ papers/CSI%20FTAA%20ltr%20FINAL%20Oct 2001%20.pdf, accessed 22 April 2005.
2. Hills C. Correspondence with RJ Reynolds and Philip Morris companies, regarding legal opinion on plain packaging of tobacco products requirement under international agreements; 3 May 1994. Available at http://www.essentialaction. org/tobacco/trade/carlahills. pdf, accessed 22 April 2005.
3. Chase S. Tobacco firm warns 'mild' and 'light' cigarette ban may violate NAFTA Globe and Mail. 26 March 2002; Sect A:6.
4. A review of NAFTA expropriation rulings to date was provided in the panel's report in the case taken by Waste Management against Mexico. International Centre for Settlement of Investment Disputes. Waste Management, Inc. v United Mexican States; ICSID Case No. ARB(AF)/00/3; 30 April 2004. pp. 51-67.
5. World Trade Organization. Canada - Patent Protection of Pharmaceutical Products, Report of the Panel; World Trade Organization Document Symbol WT/DS114/R; 17 March 2000. para. 7.94.
6. The WTO's "Analytical Index" provides an authoritative guide to WTO jurisprudence; the analysis of "national treatment" can be found at http://www.wto.org/english/res_e/booksp_e/analytic_index_e/index_ n_e.htm, accessed 22 April 2005.
7. World Trade Organization. Canada - Certain Measures Concerning Periodicals, Report of the Appellate Body; World Trade Organization Document Symbol WT/DS31/AB/R; 30 June 1997. pp. 17-9.
8. European Court of Justice Judgment of the Court, Case C-405/98; 8 March 2001. para. 21. While the EC Treaty does not have the national treatment clauses found in WTO agreements, it prohibits both de jure and de facto quantitative restrictions on imports between Member States. The European Court of Justice referred the case back to the Swedish court, which ruled against the Swedish government.
9. The GATS covers four "modes" of trade in services: cross-border, consumption abroad, commercial presence, and movement of natural persons (the supply of services by individuals working on a temporary basis abroad). The latter two modes cover "trade" in services that occurs within a country's borders. World Trade Organization. Article I. In: The General Agreement on Trade in Services. Available at: http:// www.wto.org/english/ docs_e/legal_e/26-gats.pdf, accessed 22 April 2005.
10. World Trade Organization. Guidelines for the Scheduling of Specific Commitments under the GATS; World Trade Organization Document Symbol S/L/92; 28 March 2001. Available at http://docsonline.wto.org/ gen_home.asp?language= 1&_=1, accessed 4 April 2005.
11. The United Nations services classification system generally used by GATS negotiators is called CPCprov. The specific services covered under the advertising classification can be found at http://unstats. un.org/unsd/cr/ registry/regcs.asp?Cl=9&Lg=1&Co=87, (accessed 22 April 2005). The WTO Appellate Body ruled in the US-Gambling case that commitment of a sector includes commitments for all of its subsectors, unless exclusions are explicitly listed.
12. Jernigan D, Wright PA. Making news, changing policy: case studies of media advocacy on alcohol and tobacco issues. Rockville, MD: University Research Corporation, Marin Institute, Center for Substance Abuse Prevention; 1994.
13. Anheuser-Busch v. Schmoke, 101 F.3d 325 (4th Cir. 1996), cert, denied 117 S.Ct. 1569 (1997).
14. World Trade Organization. Article XVI. In: General Agreement on Trade in Services Available at http://www.wto.org/english/docs_e/ legal_e/20-gats.pdf, accessed 22 April 2005.
15. World Trade Organization. Measures Affecting the Cross-border Supply of Gambling and Betting services - Report of the Appellate Body; World Trade Organization Document Symbol WT/DS285/AB/R; 7 April 2005. para. 26, 238, 252, 265, 306, 308, 326.
16. World Trade Organization. United States - Measures Affecting the Cross-border Supply of Gambling and Betting Services - Appellant Submission of the United States; 14 January 2005. para. 127. Available at http://www.ustr.gov/ Trade_Agreements/Monitoring_Enforcement/ Dispute_Settlement/WTO/Section_Index. html, accessed 4 April 2005.
17. Council for Trade in Services. Advertising Services - Background Note by the Secretariat; World Trade Organization Document Symbol S/C/ W/47; 9 July 1998. Available at http://docsonline.wto.org/gen_ home.asp?language=1&_=1, accessed 4 April 2005.
18. See, for example, the European Communities' negotiating request of Canada at http://www.polarisinstitute.org/gats/main.html, (accessed 22 April 2005). The request asks for full commitments of MA (market access) and NT (national treatment) across three "modes" of trade - cross-border, consumption abroad, and commercial presence.
19. See also the US negotiating proposal, Advertising and Related Services: Communication from the United States to the Council for Trade in Services; World Trade Organization Document Symbol S/CSS/W/100; 10 July 2001.
20. World Spirits Alliance. The Doha Development Round: Position and Priority Objectives of the International Spirits Industry. World Spirits Alliance; July 2003. Available at http://www.ong-omcmexico.org.mx/ WebPage/web/doctos_EN.php, accessed 22 April 2005.
21. European Court of Justice. European Commission and the UK v. France Case 0262/02, Judgment of the Court; 13 July 2004.
22. World Trade Organization. Measures Affecting the Cross-border Supply of Gambling and Betting Services - Report of the Panel; World Trade Organization Document Symbol WT/DS285/R; 10 November 2004. para. 6.531.
23. World Trade Organization. Korea - Taxes on Alcoholic Beverages, Report of the Appellate Body; World Trade Organization Document Symbol WT/DS75/AB/R; 18 January 1999. para. 161.
24. GATS Working Party on Domestic Regulation. Report on the Meeting Held on 31 March 2004; World Trade Organization Document Symbol S/WPDR/M/25; 18 May 2004. Available at http://docsonline.wto.org/ gen_home.asp?language=1&_=1, accessed 4 April 2005.
25. In upholding the ruling against South Korea in the Korea-Beef case, the Appellate Body said if the government wanted to prevent fraud in the retailing of beef, it could "devote more resources to its enforcement efforts." Korea - Measures Affecting Imports of Fresh, Chilled and Frozen Beef, Report of the Appellate Body; World Trade Organization Document Symbol WT/DS161/AB/R; 11 December 2000.
26. World Trade Organization. Article VI.4 In: General Agreement on Trade in Services. Available at: http://www.wto.org/english/docs_e/ legal_e/26-gats.pdf, accessed 22 April 2005.
27. GATS Working Party on Domestic Regulation. Report on the Meeting Held on 29 November 2001; World Trade Organization Document Symbol S/WPDR/M/14; 29 January 2002. Available at http://docsonline. wto.org/gen_home.asp?language= 1&_=1, accessed 4 April 2005.
28. GATS Working Party on Domestic Regulation. Examples of Measures To Be Addressed by Disciplines Under GATS Article VI.4; 12 July 2002; Informal Note by the WTO Secretariat, Second Revision (WTO Document Symbol JOB(01)/62/Rev.2.) Geneva: World Trade Organization. Available at http://www.tacd.org/docs/?id=190, accessed 22 April 2005.
29. Council for Trade in Services. Communication from the United States - Advertising Services; World Trade Organization Document Symbol S/C/W/82; 9 December 1998. Available at http://docsonline.wto.org/ gen_home.asp?language= 1&_=1, accessed 4 April 2005.