In response to the public health disaster caused by the trade in tobacco, and in recognition of the important role that international law can play in the promotion of public health, the World Health Organization has developed the Framework Convention on Tobacco Control. In an era of trade liberalisation, however, attempts to control the trade in tobacco in the interests of public health encounter international, regional and local regimes designed to enhance trade, not restrict it. This article examines this dilemma as it is played out in the regional trade mechanisms developed in the ASEAN and it argues that, despite some limitations, the ASEAN legal regime could be adapted to support strong tobacco control measures designed to protect and enhance public health.