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David had moved back to Brisbane by that time

Dr Andrew Fraser, director of public health science at NHS Health Scotland, told BBC Scotland: "E-cigarettes have been around for a number of years now and we are learning more and more about them but I think it is safe to say that they are a lot safer than cigarettes

Noting that Article 31(3)(a) of the Vienna Convention does not specify a form that a subsequent agreement must take, the Appellate Body stated that Article 5.2 "can be characterized as a 'subsequent agreement' provided that it clearly expresses a common understanding, and an acceptance of that understanding among Members with regard to the meaning of the term 'reasonable interval.'" 117 Because paragraph 5.2 of the Doha Ministerial Decision provides that "reasonable interval" in Article 2.12 of the TBT Agreement "shall be understood to mean" not less than six months, the Appellate Body concluded that paragraph 5.2 was a subsequent agreement on the meaning of "reasonable interval" within Article 31(3)(a) of the Vienna Convention