The Framework Convention on Tobacco Control (FCTC) seeks to promote global public health through tobacco control. Some perceive a conflict between the obligations imposed by the FCTC and those of international trade treaties, particularly the World Trade Organization (WTO) Agreements. They argue that the FCTC is more specialized and socially important, and thus should be given priority for tobacco-related issues. These proposals lack support, however, not only under the FCTC and WTO, but international law generally. The two treaties should be interpreted harmoniously. If that is not possible, international law requires that the WTO be given priority over the FCTC.
Global Trade and Customs Journal