Harvard International Law Journal
"Tobacco Litigation in International Courts"
Vol. 57, Issue 2, Spring 2016
Sergio Puig, University of Arizona Law associate professor and the director of the International Economic Law and Policy program, has published a new paper in the Harvard International Law Journal. The paper, "Tobacco Litigation in International Courts," is "the first to trace, survey, and recount the history of tobacco litigation before international courts and tribunals and to assess its contribution to international law," writes Puig in the article's abstract.
He goes on to say that the article "shows that, contrary to conventional wisdom, international courts and tribunals can play a central role in advancing and enhancing complex national, regional, and global regulations rather than eroding sovereign regulatory space."
Puig explores how tobacco companies have turned to international bodies to fight against regulations and policies they think hamper sales. The article consists of three main sections: part one discusses tobacco's global expansion and the regulatory efforts that have followed. Part two reviews the tobacco industry's use of international courts as far back as 1817 and also includes four case studies. Part three analyzes the role of international courts in tobacco litigation and offers thoughts on how this affects international law.