The importance of public health was also highlighted by WTO Members in the Ministerial Declaration launching the Doha Round, in which Ministers underscored that WTO rules do not prevent Members from taking measures for the protection of human health subject to complying with the WTO Agreements.[7]
Furthermore, we are aware of the important international efforts to curb smoking within the context of the WHO FCTC and its WHO Partial Guidelines.
The task before us is to objectively assess whether Section 907（a）（1）（A） is in conformity with U.S. obligations pursuant to the provisions of the WTO Agreements within our terms of reference. We recall the words of the Appellate Body when it acknowledged that the objective of preserving human life and health “is both vital and important in the highest degree”[8], and that “few interests are more ‘vital’ and ‘important’ than protecting human beings from health risks”.[9]