Suchergebnisse

In September 2011, the World Trade Organization (WTO) panel report in US – Clove Cigarettes was released. The report addressed a complaint brought by Indonesia concerning prohibitions on certain flavored tobacco products implemented by the United States (US). The dispute is one of a number of contemporary disputes under the WTO Agreement on Technical Barriers to Trade (TBT Agreement). Given that relatively few disputes have been resolved under the TBT Agreement, the outcome may have significant implications for interpretation of the agreement and risk regulation through technical regulations. The panel report may also have more specific implications for risk regulation in the context of tobacco products (author's headnote).

In September 2011, the World Trade Organization (WTO) released the report of a panel tasked with considering a complaint brought by Indonesia concerning prohibitions on certain flavored tobacco products implemented by the United States (US). The panel concluded that the US violated WTO law and recommended that the US be asked to bring its laws into conformity with WTO law.The US appealed the panel's decision. The Appellate Body of the WTO upheld the panel report on April 4, 2012. This case note gives a brief overview of the Appellate Body's report and examines the implications for tobacco control and public health more generally.

Indonesia is the world's second-largest cigarette market: two out of three men smoke, and clove-laced tobacco cigarettes called kretek make up 95 percent of the market. Each year, more than 250,000 Indonesians die of tobacco-related diseases. To account for the staggering success of this lethal industry, Kretek Capitalism examines how kretek manufacturers have adopted global tobacco technologies and enlisted Indonesians to labor on their behalf in fields and factories, at retail outlets and social gatherings, and online. The book charts how Sampoerna, a Philip Morris subsidiary, uses contracts, competitions, and gender, age, and class hierarchies to extract labor from workers, influencers, artists, students, retailers, and consumers. Critically engaging nationalist claims about the commodity's cultural heritage and the jobs it supports, Marina Welker shows how global capitalism has transformed both kretek and the labor required to make and promote it.
"Thoughtful and provocative, this is a superb book that will be widely read, especially by those who are looking for an antidote to current popular support of kretek."—Abidin Kusno, author of Jakarta: The City of a Thousand Dimensions
"A magnificent book! Kretek Capitalism is destined to become a classic of both medical anthropology and public health scholarship."—Robert Proctor, author of Golden Holocaust: Origins of the Cigarette Catastrophe and the Case for Abolition

"Indonesia is the world's second largest cigarette market: two out of three men smoke, and clove-laced tobacco cigarettes called kretek make up 95 percent of the market. To account for the staggering success of this lethal industry, Kretek Capitalism moves beyond a focus on the addictive hold of nicotine to examine how kretek manufacturers have adopted global tobacco technologies and enlisted Indonesians to labor on their behalf in fields and factories, at retail outlets and social gatherings, and online. The book charts how Sampoerna, a Philip Morris International subsidiary, uses contracts, competitions, and gender, class, and age hierarchies to extract overtime, shift, seasonal, gig, and unpaid labor from workers, influencers, artists, students, retailers, and consumers. Critically engaging nationalist claims about the commodity's cultural heritage and the jobs it supports, Marina Welker shows how global capitalism has transformed both kretek and the labor required to make and promote it"--

On 13 August 2013, the Government of Indonesia requested a special meeting of the WTO Dispute Settlement Body (hereinafter, DSB) in order to obtain authorisation to suspend concessions or other obligations (i.e., to 'retaliate') against the United States (hereinafter, the US). This request stems from the US alleged failure to comply with the rulings and recommendations of the WTO DSB in the dispute US – Measures Affecting the Production and Sale of Clove Cigarettes (hereinafter, US – Clove Cigarettes). In that dispute, the WTO dispute settlement organs found that Section 907(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (hereinafter, the FFDCA), introduced by Section 101(b) of the Family Smoking Prevention and Tobacco Control Act discriminated against Indonesian clove cigarettes in favour of 'like' domestic menthol cigarettes, in a manner which was inconsistent with, inter alia, Article 2.1 of the WTO Agreement on Technical Barriers to Trade (hereinafter, TBT Agreement). The DSB recommended that the US bring its legislation relating to the ban on flavoured cigarettes into conformity with its obligations under the WTO. On 22 August 2013, the US objected to the level of suspension of concessions proposed by Indonesia and requested that the matter be referred to arbitration. Following such request from the US, the DSB agreed that the matter be referred to arbitration and informed WTO Members that arbitration would be carried out by the original panel.