The “Dolphin-Safe” Labelling Scheme under Consideration in the WTO Dispute Settlement System
The “Dolphin-Safe” Labelling Scheme under Consideration in the WTO Dispute Settlement System
The Appellate Body Report in the Case US–Tuna II (Mexico)
For more than 20 years, Mexico and the United States have been in disagreement about the methods used by Latin American fishermen to catch tuna in the Eastern Tropical Pacific Ocean. The symbiosis between tuna and dolphins has been considered by the WTO Appellate Body in a report adopted on 13 June 2012, where the WTO Tribunal had to rule on the US “dolphin-safe” labelling scheme. This chapter outlines the most relevant aspects of the conclusions reached by the Appellate Body in the delicate interpretative issues that emerged on the compatibility of the US measure with the TBT Agreement, highlighting the importance that the Appellate Report may have for defining the conditions of legitimacy of labelling and certification schemes concerning non-product-related process and production methods, i.e., the social and environmental conditions of production.
Keywords: TBT Agreement, technical regulation, legitimate interests, less favourable treatment, principle of necessity, NPR-PPMs, international standardizing body, WTO Committees’ decisions
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