Other contributors are more optimistic about the role of the judiciary in advancing progressive rights to health care, particularly by drawing on international law, both “hard” and “soft.” In this regard, Oscar Cabrera and Juan Carballo argue that in the area of tobacco control, courts can play a very positive role. They explore standard criticisms of judicial enforcement of economic, social, and cultural rights and explain how, at least in the case of tobacco control, these arguments falter. Critics point to the limited technical capacity of the courts; that judicial interference may result in the redirection of public resources to those who can afford to litigate; and the problem that those most in need do not have access to the courts or appropriate legal representation. With respect to the technical capacity of courts, they discuss how the Framework Convention on Tobacco Control establishes scientific and medical determinations that compensate for any judicial limitations in this regard. With respect to inappropriate redirection of resources, they argue that courts are not required to substantially redirect public resources in the con- text of tobacco, because tobacco control measures are largely inexpensive and cost-effective. And finally, with respect to access to justice concerns, tobacco control decisions from Latin America have broadened the law of standing and justiciability and affirmed the non-retrogression component of progressive realization in ways that will bolster future health rights litigation. Thus, it seems that the tobacco control case (and the interplay of international law and litigation) provide important lessons for success in other arenas. One caveat remains, however, for in many of the cases referred to the right to health is used as a shield by government to resist industry challenges to tobacco control laws — and so although it is certainly positive that law is protecting laudable public health action on the part of governments, it is not necessarily promoting it or demanding it.