THE DEVELOPMENT OF TOBACCO CONTROL LAW IN THAILAND UNDER WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL

Abstract

This study aims at the implantation analysis of Thailand's laws and internal policies regarding tobacco products control whether they have complied with WHO Framework Convention on Tobacco Control. The research is completed through the comparative methods and scholar interviews. The research findings cover the facts that 1) In terms of international relationship, no conflicts are found in the relationship between tobacco control measures following WHO Framework Convention on Tobacco Control and working guidelines following FCTC measures as well as WTO agreements. Considering other agreements, i.e. Trans-Pacific Partnership and Bilateral Investment Treaty, it has been found that certain topics have affected Thailand's tobacco control. 2) Thailand's local trade laws have brought no negative effects towards tobacco control in the country. The comparative study between FCTC and other international tobacco control measures shows that development is called for on certain measures to comply with FCTC measures. Thailand needs to avoid any discrimination related to tobacco control measures. Exceptions to WTO agreements can be adopted in issuing tobacco control measures in Thailand, following the claims of "necessity" to protect public health, supported by evaluations on other reasonable options. Suggestions are made on Thailand's foreign affairs the country needs careful monitoring and thorough study on free-trade agreements in order to be aware that its tobacco control has been affected. Suggestions made for Thailand's local dimension include further development on its tobacco control measures to comply with FCTC as well as Thailand's law enforcement