Law to counter tobacco companies in the Arab region: a look at Jordan and the United Arab Emirates

摘要

Many countries have endeavoured to limit the consumption of tobacco by enacting laws that impose restraints on its use. The Framework Convention on Tobacco Control 2003 (FCTC) is the first international treaty that addresses tobacco supply and demand measures and establishes essential measures capable of reducing the prevalence of tobacco use and exposure to tobacco smoke. Jordan and the United Arab Emirates (UAE) ratified the FCTC respectively in 2004 and 2005 and they enacted legislations that aim to reduce tobacco consumption in both countries. However, the issue of tobacco control in Jordan and the UAE has been both controversial and challenging as tobacco use in Jordan and the UAE remains very high. This paper examines whether both countries have adopted legislation that is compatible with their international obligations, particularly, the FCTC and whether it is possible to sue tobacco companies in the aforementioned countries to seek injunction and damages. We conclude that tobacco litigation against tobacco companies is possible, by either individual litigants or governments or other legal persons who suffered injury from tobacco producers.