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USA Pork and Beef? Dolphin Safe? Low Carbon? Labeling Regulation and the International Trade Rules of the WTO

Published online by Cambridge University Press:  28 February 2019

Greg Tereposky
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Extract

In 2012, the WTO Appellate Body issued three reports which clarified the framework governing technical regulations under Articles 2.1 (non-discrimination) and 2.2 (unnecessary obstacles to trade) of the WTO Agreement on Technical Barriers to Trade (“TBT Agreement”): U.S. - Clove Cigarettes; U.S. - Tuna Dolphin II; and U.S. - COOL.

Type
Articles
Information
International Journal of Legal Information , Volume 41 , Issue 1 , Spring 2013 , pp. 65 - 75
Copyright
Copyright © 2013 by the International Association of Law Libraries. 

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References

1 Appellate Body Report, United States - Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/AB/R, adopted 24 April 2012; Appellate Body Report, United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, WT/DS381/AB/R, adopted 13 June 2012; Appellate Body Report, United States - Certain Country of Origin Labeling (COOL) Requirements, WT/DS384/AB/R,WT/DS386/AB/R, adopted 23 July 2012.Google Scholar

2 TBT Agreement, Annex 1.1.Google Scholar

3 Appellate Body Report, United States - Final Anti-Dumping Measures on Stainless Steel from Mexico, WT/DS344/AB/R, adopted 20 May 2008, para. 158 and footnote 308.Google Scholar

4 National Research Council, Dolphins and the Tuna Industry (National Academy Press: Washington, D.C., 1992), p. 4.Google Scholar

5 U.S. Department of State, Dolphin Conservation Agreement Wins Award at United nations Food and Agriculture Organization, Media Note, November 22, 2005.Google Scholar

6 Article 2.1 reads: Members shall ensure that in respect of technical regulations, products imported from the territory of any Member shall be accorded treatment no less favorable than that accorded to like products of national origin and to like products originating in any other country.Google Scholar

7 Article 2.2 reads: Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfill a legitimate objective, taking account of the risks non-fulfillment would create. Such legitimate objectives are, inter alia: national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements of consideration are, inter alia: available scientific and technical information, related processing technology or intended end-uses of products.Google Scholar