Professor Andrew Higgins addressed the 11th Conference of the Parties (“COP”) of the WHO – Framework Convention on Tobacco Control last week in Geneva (17-21 November 2025)

12/12/2025

The WHO FCTC was the first treaty negotiated under the auspices of the WHO and provides a global public health and regulatory strategy in the context of increasing tobacco use. To date, 180 countries worldwide have ratified the WHO FCTC.

In preparation for COP11, Professor Higgins acted as Chair of the Expert Group on Article 19 (Liability), which requires parties to consider taking legislative action or promoting their existing laws to deal with criminal and civil liability relate, including compensation where appropriate, for the purposes of tobacco control. It also encourages cooperation among parties, including the provision of assistance in relation to legal proceedings.  

The Expert Group produced a report examining practices that have evolved at party level and in relevant international fora. The report contained 30 recommendations on ways parties could strengthen their implementation of Article 19. Professor Higgins presented the Expert Group’s report at COP11, and many of the 160 state parties in attendance addressed the report and issues of liability more generally. The Conference then adopted a decision inviting parties to consider the recommendations for the purposes of strengthening their implementation of Article 19.

“These important decisions made by parties to the Convention will contribute towards saving millions of lives in the years to come and protecting the planet from the environmental harms of tobacco,” said Andrew Black, Acting Head of the Secretariat of the WHO FCTC. For further discussion of COP11 see below.