Book contents
- Frontmatter
- Table of Contents
- United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381)
- Table of Contents
- CASES CITED IN THIS REPORT
- ABBREVIATIONS USED IN THIS REPORT
- I INTRODUCTION
- II ARGUMENTS OF THE PARTICIPANTS AND THE THIRD PARTICIPANTS
- III ISSUES RAISED ON APPEAL
- IV BACKGROUND AND OVERVIEW OF THE MEASURE AT ISSUE
- V LEGAL CHARACTERIZATION OF THE MEASURE AT ISSUE
- VI ARTICLE 2.1 OF THE TBT AGREEMENT
- VII ARTICLE 2.2 OF THE TBT AGREEMENT
- VIII ARTICLE 2.4 OF THE TBT AGREEMENT
- IX MEXICO'S CLAIMS UNDER ARTICLES I:1 AND III:4 OF THE GATT 1994
- X FINDINGS AND CONCLUSIONS
- ANNEX I Notification of an Appeal by the United States, WT/DS381/10
- ANNEX II Notification of an Other Appeal by Mexico, WT/DS381/11
- Table of Contents
- TABLE OF WTO DISPUTES CITED IN THIS REPORT
- TABLE OF GATT DISPUTES CITED IN THIS REPORT
- LIST OF ABBREVIATIONS
- LIST OF US EXHIBITS CITED IN THIS REPORT
- LIST OF MEXICAN EXHIBITS CITED IN THIS REPORT
- LIST OF AMICUS CURIAE EXHIBITS CITED IN THIS REPORT
- I INTRODUCTION
- II FACTUAL ASPECTS
- III PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS
- IV ARGUMENTS OF THE PARTIES
- V ARGUMENTS OF THE THIRD PARTIES
- VI INTERIM REVIEW
- VII FINDINGS
- VIII RULINGS AND RECOMMENDATIONS
- Cumulative List of Published Disputes
I - INTRODUCTION
Published online by Cambridge University Press: 13 December 2017
- Frontmatter
- Table of Contents
- United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381)
- Table of Contents
- CASES CITED IN THIS REPORT
- ABBREVIATIONS USED IN THIS REPORT
- I INTRODUCTION
- II ARGUMENTS OF THE PARTICIPANTS AND THE THIRD PARTICIPANTS
- III ISSUES RAISED ON APPEAL
- IV BACKGROUND AND OVERVIEW OF THE MEASURE AT ISSUE
- V LEGAL CHARACTERIZATION OF THE MEASURE AT ISSUE
- VI ARTICLE 2.1 OF THE TBT AGREEMENT
- VII ARTICLE 2.2 OF THE TBT AGREEMENT
- VIII ARTICLE 2.4 OF THE TBT AGREEMENT
- IX MEXICO'S CLAIMS UNDER ARTICLES I:1 AND III:4 OF THE GATT 1994
- X FINDINGS AND CONCLUSIONS
- ANNEX I Notification of an Appeal by the United States, WT/DS381/10
- ANNEX II Notification of an Other Appeal by Mexico, WT/DS381/11
- Table of Contents
- TABLE OF WTO DISPUTES CITED IN THIS REPORT
- TABLE OF GATT DISPUTES CITED IN THIS REPORT
- LIST OF ABBREVIATIONS
- LIST OF US EXHIBITS CITED IN THIS REPORT
- LIST OF MEXICAN EXHIBITS CITED IN THIS REPORT
- LIST OF AMICUS CURIAE EXHIBITS CITED IN THIS REPORT
- I INTRODUCTION
- II FACTUAL ASPECTS
- III PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS
- IV ARGUMENTS OF THE PARTIES
- V ARGUMENTS OF THE THIRD PARTIES
- VI INTERIM REVIEW
- VII FINDINGS
- VIII RULINGS AND RECOMMENDATIONS
- Cumulative List of Published Disputes
Summary
1.1 On 24 October 2008, Mexico requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 14 of the Agreement on Technical Barriers to Trade (TBT Agreement), in relation to certain measures taken by the United States concerning the importation, marketing and sale of tuna and tuna products. Mexico held consultations with the United States on 17 December 2008. Unfortunately, these consultations failed to resolve the dispute.
1.2 On 9 March 2009, Mexico requested the establishment of a panel pursuant to Articles 4 and 6 of the DSU, Article XXIII of the GATT 1994 and Article 14 of the TBT Agreement.
1.3 At its meeting on 20 April 2009, the DSB established a panel pursuant to the request of Mexico in document WT/DS381/4, in accordance with Article 6 of the DSU.
1.4 The Panel's terms of reference are the following:
“To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Mexico in document WT/DS381/4 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”
1.5 On 2 December 2009, Mexico requested the Director-General to determine the composition of the panel, pursuant to paragraph 7 of Article 8 of the DSU.
[…]
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- Dispute Settlement Reports 2012 , pp. 2043 - 2044Publisher: Cambridge University PressPrint publication year: 2014