[WTO Case Review Series No.27] United States – Tuna Labeling Case (compliance procedure) (DS381/RW2): Article 2.1 of TBT Agreement and application of the "calibration" (Japanese)

Masahiro Heike

Policy Discussion Papers (Japanese) from Research Institute of Economy, Trade and Industry (RIETI)

Abstract: This is the second set of compliance proceedings for the US-Tuna Labeling Case that discusses consistency with the TBT Agreement of the US's measure imposing the conditions of dolphin-safe labels on tuna products. This dispute started in 2008 and has continued for more than 10 years, but this case has now reached an end with the decision that the US measures are consistent with Article 2.1 of the TBT Agreement. Interpretation of Article 2.1 of the TBT Agreement was debated in the original procedure and the first compliance proceedings, and the panel in this case has followed the interpretation of Article 2.1 of the TBT Agreement discussed in those proceeding. In this sense, this case does not represent a new interpretation of Article 2.1 of the TBT Agreement, however, this case found that the US measures are consistent with Article 2.1 of the TBT Agreement, which provides important guidelines on how the legal norms of Article 2.1 of the TBT Agreement should be applied in future cases.

Pages: 46 pages
Date: 2019-11
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