Lo, Chang-fa --- "Guidelines and protocols under the framework convention" [2014] ELECD 533; in Mitchell, D. Andrew; Voon, Tania (eds), "The Global Tobacco Epidemic and the Law" (Edward Elgar Publishing, 2014) 32

Book Title: The Global Tobacco Epidemic and the Law

Editor(s): Mitchell, D. Andrew; Voon, Tania

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783471515

Section: Chapter 3

Section Title: Guidelines and protocols under the framework convention

Author(s): Lo, Chang-fa

Number of pages: 16

Abstract/Description:

The WHO Framework Convention on Tobacco Control (WHO FCTC) is the first international health treaty concluded under the auspices of the World Health Organization (WHO). It is designed to control, reduce and, hopefully, eliminate the production, transportation, sale and consumption of tobacco products. The WHO FCTC embodies a ‘framework convention’ approach. Although there are some substantive rights and obligations included in the convention itself, for many aspects of tobacco control, the treaty identifies only general principles, which are not specific enough to require parties to adopt particular measures or policies. Thus the main contents of the WHO FCTC are to be supplemented by additional legal instruments. Parties have to adopt additional legal instruments under the WHO FCTC so as to implement the principles set forth in the convention. The parties have adopted a protocol and various sets of guidelines implementing aspects of the WHO FCTC. For some subject matters, parties decided to adopt guidelines to implement the WHO FCTC. For others, they concluded a protocol. It is important to clarify the difference between guidelines and protocols under the WHO FCTC and the policy choice for having some matters dealt with by guidelines and others subject to a protocol. It is also important to note that there are policy and legal implications arising from the use of guidelines or protocols for the effective control of tobacco use and for the interpretation of other international agreements that affect the operation of the WHO FCTC.