Trade Agreements and Tobacco Control Policy: Analysis of the Regulatory Patterns and the Influence of FCTC on Trade agreements from 2001 to 2019

Abstract

Abstract Background: This study aims to analyze the influence of Framework of Convention of Tobacco Control (FCTC) on regulatory patterns of trade agreements from 2001 to 2019. Methods: A search of trade agreements from‘WTO Regional Free Trade Agreement Database’ using keywords as “tobacco”, “cigarette”, “smoking” and “FCTC” from May to August 2020 resulted in a total sample of 268 trade agreements, from which 69 trade agreements were coded and analyzed. The keywords-located provisions in the trade agreements were categorized as 6 trade measures. The word counts of the provisions containing keyword as FCTC were calculated. Chi-square tests were applied to analyze the differences of regulatory patterns between different time frames. The import and export values (USD) of tobacco products under trade agreements containing the term “FCTC” were further collected from the “International Trade Statistics 2001-2020” for a preliminary understanding of trade flow impacted by FCTC. Results: Among 69 agreements, the percentage of trade agreements containing keyword as “FCTC” increased significantly from 0% before 2011 to 12% after 2011. A significant decrease of using trade measures as “the exclusion list” was found after 2011 (from 10% to 0). The word counts of provisions containing keyword as FCTC increased from 24 words in 2011 to 164 words in 2018, and the content of the provisions became more concrete over time. There are six trade agreements containing the keyword as “FCTC”, and all these 6 agreements were ratified by European Union (EU). Despite EU ratified trade agreements with “FCTC”, the import and export values of tobacco products between EU and the other party countries increased with time. But the gap of average trade values between trade agreements with and without “FCTC” being widened with time. Conclusions: As a first study evaluated the impact of FCTC on regulatory patterns of trade agreements, our study results showed that after countries signed trade agreements containing keyword FCTC, the regulatory patterns changed significantly. Further studies are recommended to understand the reason and criteria for incorporating FCTC provisions into trade agreements, especially in the EU.