Maria Fernanda Garza Flores

A0113908

Tuna Case

1. What does dolphin safe labeling means?

Denotes that tuna was caught without harming dolphins to minimize tuna facilities while fishing

2. What is TBT?

Agreement that aims to ensure that technical regulations, standards, and conformity assessment procedures are non-discriminatory and do not create unnecessary obstacles to trade

3. What is the main issue in this case?

Mexico claimed that the measures established by US were discriminatory and also unnecessary, but The Panel rejected Mexico's claim since they did not find that the US dolphin-safe labeling provisions were discriminating against Mexican tuna.

4. Is it an environmental, technical regulations or trade barriers case?

I see this case more as a trade barrier case, since Mexico was claiming some kind of discrimination in respect of the labeling. TBT agreement goal should create or avoid if possible, the obstacles to trade.

5. Which were the arguments from Mexico?

Mexico perceived US measures or regulations towards the product, a bit discriminatory.

Mexico had demonstrated that the US dolphin-safe labelling provisions are more trade-restrictive than necessary to fulfil the legitimate objectives of getting tuna without harming dolphins.

Ensured that US market is not used to encourage fishing fleets to catch tuna in a manner that adversely affects dolphins

6. Which were the arguments from USA?

US has a condition to access to the US Department of Commerce official dolphin-safe label, which consists on bringing certain documentary evidence that states tuna contained in the tuna product and its fishing method is produced by a proper method.

US dolphin-safe labelling provisions only partly address the legitimate objectives pursued by the United States

US dolphin-safe labelling provisions are not in violation of such provision

7. Which was the role of the US Authorities?

The Appellate Body noted that the challenged measure is composed of legislative and regulatory acts of the US federal authorities

They determined that measure prescribed the conditions that apply for making any assertion on a tuna product as to its “dolphin-safety”, regardless of the manner in which that statement is made.

8. Which was the role of the US private parties?

Several third parties were established as part of the panel to consider other countries opinions on behalf this case. This parties also determine if they should consider accept or not another party to join

9. How the conflict was resolved?

Panel considered that the US dolphin-safe labelling provisions were not in violation of these provisions, which required technical regulations to be based on relevant international standards where possible. The Panel declined to rule on Mexico's non-discrimination claims under the GATT 1994 and exercised judicial economy with respect to Mexico's claims.