PHM-Exch> Food for a ratified yet non-realized thought (2)

Claudio Schuftan cschuftan at phmovement.org
Tue Jul 20 18:00:11 PDT 2010


From: England, Dr Sarah (CHN) <englands at wpro.who.int>

This is a very interesting post.  Here in China I am working on tobacco
control, and China has ratified the WHO Framework Convention on Tobacco
Control through its legislative body, the National People's Congress.  This
makes it binding law in China as noted in point 1. below.  According to
China's constitution, the treaty does not have to be processed through
enactment of domestic legislation to come into force. However, as there is
no domestic legislation to put it into force, there is a lot of debate in
China about whether it would stand up in court.

By the way, the WHO FCTC also has "no teeth", but has been ratified by 168
member states.

 I would be very interested in any views on the legality of the WHO FCTC in
China and its status as law if anyone in the group has expertise in this
area.
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