Weaponising Evidence: A History of Tobacco Control in International Law(Cambridge Studies in International and Comparative Law)

Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.

Table of Contents:
1. Introduction: Lawfare and evidence in the International Law on Tobacco control; 2. The negotiation of the WHO framework convention on Tobacco control: building an evidence-based treaty; 3. The activities of the FCTC conference of the parties: advancing an evidence-based regime; 4. Philip Morris v Uruguay (ICSID) and Australia – Plain packaging (WTO): strategic evidentiary challenges against tobacco control measures; 5. Conclusions: lessons learnt on Lawfare and evidence; Index.

About the Author :
Margherita Melillo is an Associate at the O'Neill Institute for National and Global Health Law of Georgetown University, where she works on research, training and advocacy for non-communicable diseases policies.

Review :
'Margherita Melillo's path-breaking book tells the gripping story of the emergence of international law concerning tobacco control. Based on interviews as well as meticulous analysis of documentary sources, she brings the topic alive, communicating its importance in its own terms and for the development of international law. A must read!' Joanne Scott, Professor of European Law, European University Institute 'In Weaponising Evidence, Melillo judiciously traces the history of international law-making for tobacco control and examines how both tobacco control advocates and a well-resourced tobacco industry have deployed the law in fraught battles to advance or thwart tobacco control measures. Melillo expertly canvasses these clashes through the negotiations of the WHO Framework Convention on Tobacco Control to the international trade and investment disputes brought by the tobacco industry. Throughout, she sheds light on the use and misuse of evidence in both developing and defeating tobacco control policies. This book tells a compelling story about international organizations, civil society actors, and dirty industry tactics, with lessons for health policymaking more broadly. It is essential reading for students of tobacco control, international law, and health policy, and a joy for all readers interested in global health.' Lawrence Gostin, Distinguished University Professor, Georgetown Law 'An ambitious, densely written piece of work, which makes an original and substantive contribution to the literature.' Matthew Rimmer, The Journal of World Investment & Trade