Since 2005, the who fctc is binding on the Netherlands. Since that time, the Dutch courts have addressed Articles 8.2 and 5.3 fctc on three occasions. In this article, we review these three cases in order to analyze the legal enforceability of Articles 8.2 and 5.3 fctc in the Netherlands. Special attention is paid to the role the guidelines and recommendations adopted by the Conference of the Parties played in these cases. We observe that the legal enforceability of both articles depends on the specific circumstances of the case. We argue that the Dutch courts should have given more careful consideration to the fctc guidelines and recommendations.

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