The “Likeness” of E-Vapour Products and Cigarettes in the World Trade Organization

摘要: The regulation of e-vapour products is a relatively new topic. While the product sector fast evolving, optimal these yet to be fully understood. Some wisdom may borrowed from cigarettes, but many tobacco-relevant policies not applied products. Evaluations are underway on aspects products, for example: their safety, potential health risks, illicit trade, taxation and advertising. This paper examines another dimension – one which arises at intersection international trade law namely whether cigarettes found “like” in WTO dispute challenging restrictive measures applying In particular, analysis focuses hypothetical ban importation, distribution, sale offering (referred as general ban) measure that either being contemplated or already implemented some domestic jurisdictions. It finds under law. event positive finding made other remaining tests necessary determine discrimination (importantly “less favourable treatment”) provided regulating member no solid evidence justify GATT Article XX, risks inconsistent.