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General Agreement on Tariffs and Trade: Dispute Settlement Panel Report on United States Restrictions on Imports of Tuna

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 33 , Issue 4 , July 1994 , pp. 839 - 903
Copyright
Copyright © 1994

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Footnotes

*

[Reproduced from the text provided by the Office of the United States Trade Representative. The United States Trade Representative indicated in a Press Release of May 23, 1994, that: “The United States will challenge the dispute settlement panel's failure to provide a fair hearing and due process, and will ask for a full review of the report, both substantively and procedurally, by the GATT Council, or reconsideration by the panel in this case. The GATT Council or panel should hold further proceedings in public and allow non-governmental organizations (NGOs) to participate. In addition, all documents filed from any source should be immediately made public.”

[The 1991 Dispute Settlement Panel Report on United States Restriction on Imports of Tuna appears at 30 I.L.M. 1594 (1991). The Agreement of June 1992 for the Reduction of Dolphin Mortality in the Eastern Pacific Ocean appears at 33 I.L.M. 936 (1994).]

References

1 Decision on “Improvements to the GATT Dispute Settlement Rules and Procedures”, adopted 12 April 1989, BISD 36S/61, 6364, para. F(b)(l) [28 I.L.M. 1023 (1989)]

2 Agreement reached in June 1992 between Colombia, Costa Rica, Ecuador, Mexico, Nicaragua, Panama, the United States, Vanuatu and Venezuela. [33 I.L.M. 936 (1994)]

3 Marine Mammal Protection Act of 1972, PL 92522, 86 Stat 1027. As amended, hereinafter referred to as the “Act”.

4 Sec. 101 (a)

5 Sec. 102 (a)(5)

6 Sec. 105 (a)(l)

7 Sec. 101 (a)(2); Sec. 101. (a)(4)(A)

8 Sec. 101 (a)(2)

9 Sec. 104 (h)(2)(B)(ii)

10 Sec. 104 (h)

11 Sec. 306 (a)(l)(3)

12 Sec. 306 (a)(4)

13 Sec. 101 (a)(2)(A)

14 Sec.101 (a)(2)(I)15Sec101 (a)(2)(B)

16 Sec.101 (a)(2)(B)(II)

17 Sec. 101 (a)(2)(B)(m)

18 Sec. 101 (a)(2)(B)(IV)

19 Sec. 101 (a)(2)(B)(V)

20 Sec. 305 (a)(l)

21 Sec. 305 (a)(2)

22 Sec. 305 (b)(l)

23 Sec.305 (b)(l)(A),(B)

24 Sec. 305 (b)(2)(A), (B)

25 Sec. 101 (a)(2)(C); Sec. 3(5), 3(17)

26 Earth Island Institute v. Mosbacher (10 January 1992, U.S. District Court for the Northern District of California)

27 56 Federal Register 41701; modifying 50 CFR 216.3

28 P. L. 102582 (2 November 1992) [321.L.M. 530 (1993)]

29 P. L. 102523 (26 October 1992)[32 I.L.M. 539 (1993)]

30 ILM 1989, p. 1063 ff[28 I.L.M. 1063 (1989)]

31 BISD 29S/98, para. 4.3

32 Para 4.16. See also the report of the Panel on “Canada Measures affecting exports of unprocessed herring an salmon ”, para 3.3.

33 CITES, Article 14.

34 Article 1:2 of the draft Decision.

35 Case C169/89, 1990 ECR p. 12143 ff.

36 1927 U.N.T.S. Add 405

37 Act for the Protection of the Fisheries of Alaska, Sec. 1, 69 Cong., First Session, Chapter 621, Add. 752.

38 Stat. 187 88 (1900) (56th Cong. Sess. 1, Ch. 553).

39 BISD 35S/245, 273, para. 71

40 Article XTV of the Commercial Agreement between the United States of America and Switzerland. Signed a Washington. 9 January 1936

41 Para 4.3 of the Report

42 Rights of Passage Case. ICJ Reports 1957, page 142.

43 28 I.L.M. 1063 (1989)

44 DOC/E/PC/T/WA/245, p. 1

45 DPG/W/6, point 7.

46 Report of the Panel in United States Prohibition of Imports of Tuna and Tuna Products from Canada (BISD 29S/91, para 4.9); Report of the Panel in Canada Measures affecting Exports of Unprocessed Herring and Salmon (BISD 35S/98)

47 Repon of the Panel on Canada Measures affecting exports of unprocessed herring and salmon, BISD 35S/98

48 Report of the Panel on United States Imports of Certain Automotive Spring Assemblies, BISD 30S/17, paras 58, 60

49 Report of the Panel in United States Section 337 of the Trade Act, BISD 36S/345 and ff para 5.26.

50 Report of the Panel on Thailand Restrictions on Importation of and Internal Taxes on Cigarettes, paras 2223. p. 72 and ff. [301.L.M. 1122 (1991)]

51 BISD 34S/136, para. 5.2.2[27 I.L.M. 1596 (1988)]

52 See also United States Taxes on petroleum and certain imported substances, BISD 34S/136, para 5.1.4 ff.

53 Paras. 5.115.15.

54 Para. 4.15

55 Charnovitz, General Agreement and the Environment, Examining the Issues, International Environmental Affairs. Volume IV. 1992, p. 203 and ff., at p. 221.

56 BISD IS/59.

57 BISD 36S/345.

58 BISD 18S/97.

59 Section 307(a)(l)

60 Report of the Panel on EEC Measures on Animal Food Proteins, BISD 26S/65.

61 BISD 30S/140.

62 Report of the Panel on Section 337 of the United States Tariff Act. BISD 36S/345.

63 Report of the Panel on United States Section 337 of the United States Tariff Act, BISD 36S/345

64 Report on the Panel on EEC Quantitative Import Restrictions on Imports from Hong Kong, BISD 30S/129, in relation to social and economic objectives: Report of the Panel on United States Import Restrictions on Sugar from Nicaragua. BISD 31S/67, in relation to problems outside the competence of the GATT; and Report of the Panel on United States Taxes on Petroleum and Certain Imported Substances, BISD 34S/162, in respect of the polluterpays principle.

65 Venezuelan law banned the use of largescale pelagic driftnets over 1.5 km long, whereas US law permitted the use of such driftnets up to 2.5 km long.

66 US National Oceanic and Atmospheric Administration, 55 Fed. Reg. at p. 11922 (March 30 1990).

67 Agreement reached in June 1992 between Colombia, Cost Rica, Ecuador, Mexico, Nicaragua, Panama, the United States. Vanuatu and Venezuela. [33 I.L.M. 936 (1994)]

68 Marine Mammal Protection Act of 1972, P.L. 92522. 86 Stat 1027 (1972); Sec. 101. (a)

69 Sec. 102 (a)(5); Sec. 105 (a)(l)

70 Sec. 101 (a); Sec. 101(a)(4)(A)

71 Sec. 104 (h)

72 Sec. 306 (a)

73 Sec. 101 (a)(2)

74 Sec. 101 (a)(2)(B)

75 Sec. 305 (a)

76 Sec. 305 (b)(l)

77 Sec. 305 (b)(l)(A),(B)

78 Sec. 305 (b)(2)(A),(B)

79 Sec. 101 (a)(2)(C); Sec. 3(5), 3(17)

80 Reports of the panels on United States Taxes on Petroleum and Certain Imported Substances, adopted 17 June 1987, BISD 34S/136, 160, 1634, paras. 5.2.2, 5.2.910; EEC Regulation on Imports of Parts and Components adopted May 1990, BISD 37S/132, paras. 5.2526

81 Reports of the Panels in Canada Measures affecting the exports of unprocessed herring and salmon, adopted 22 March 1988, 35S/98; United States Prohibition of imports of tuna and tuna products from Canada, adopted 22 February 1982, 29S/91

82 Article 31 of the Vienna Convention on the Law of Treaties [8 I.L.M. 691 (1969)]

83 Report of the Panel in Canada Measures affecting the exports of unprocessed herring and salmon, adopted 22 March 1988, 35S/98, 114, para. 4.6

84 Reports of the Panels in Canada Administration of the Foreign Investment Review Act, adopted 7 February 1984, 30S/140, 64, para.5.20; United States Section 337 of the Tariff Act of 1930, adopted 7 November 1989. 36S/345, 393. para. 5.27

85 Report of the Panel on United States Section 337 of the Tariff Act of 1930, adopted 7 November 1989, L/6439, 36S/345, 392, par. 5.26

86 Report of the Panel on Thailand Restrictions on importation of and internal taxes on cigarettes, DS10/R, adopted 7 November 1990, 37S/200, 223 [301.L.M. 1122 (1991)]