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
VIII - RULINGS AND RECOMMENDATIONS
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
8.1 In light of the above findings, the Panel finds that the US dolphin-safe provisions:
(a) are not inconsistent with Article 2.1 of the TBT Agreement;
(b) are inconsistent with Article 2.2 of the TBT Agreement because they are more trade-restrictive than necessary to achieve a legitimate objective, taking into account the risks that non-fulfilment would create;
(c) are not inconsistent with Article 2.4 of the TBT Agreement.
8.2 For the reasons explained in Section VII of this Report, the Panel exercises judicial economy with respect to Mexico's claims under Articles I:1 and III:4 of the GATT 1994.
8.3 Under Article 3.8 of the DSU, in cases where there is an infringement of the obligations assumed under a covered agreement, the action is considered prima facie to constitute a case of nullification or impairment of benefits under that agreement. Accordingly, we conclude that, to the extent that the United States has acted inconsistently with the provisions of the TBT Agreement, it has nullified or impaired benefits accruing to Mexico under that Agreement. We therefore recommend that the DSB request the United States to bring its measures into conformity with its obligations under the TBT Agreement.
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- Dispute Settlement Reports 2012 , pp. 2421 - 2422Publisher: Cambridge University PressPrint publication year: 2014