The FCTC and Its Role in WTO Law : Some Remarks on the WTO Plain Packaging Report

The objective of this paper is to provide a concise summary of the most important findings of the WTO panel in the plain packaging dispute and to offer some initial comments on one specific problem, ie the approach of the panel to the WHO Framework Convention on Tobacco Control (FCTC) and its guidelines. In this context, the paper discusses two interrelated issues that were dealt with by the panel: (i) the possibility of classifying the FCTC guidelines as international standards; and (ii) the broader relevance of the FCTC and its guidelines in the context of WTO law