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Navigating Uncharted Waters: A Review of US-Tuna II

Navigating Uncharted Waters: A Review of US-Tuna II The WTO panel report in US-Tuna II, issued on 15 September 2011, represents a milestone in WTO jurisprudence as it addresses novel interpretative questions under the Agreement on Technical Barriers to Trade (TBT Agreement). The panel's finding that the US 'dolphin-safe' labelling requirements for tuna products constitute 'technical regulations' tackled a fundamental threshold issue under the TBT Agreement and was the subject of a dissenting opinion by one panellist. Furthermore, the panel's finding that the US measures contravene Article 2.2 of the TBT Agreement since they are more trade-restrictive than necessary is also significant as it provides one of the first interpretations of this core obligation. This article discusses the issues faced by the panel and evaluates the implications of the panel's findings for future cases and possible appeals. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Trade and Customs Journal Kluwer Law International

Navigating Uncharted Waters: A Review of US-Tuna II

Global Trade and Customs Journal , Volume 7 (2) – Feb 1, 2012

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1569-755X
Publisher site
See Article on Publisher Site

Abstract

The WTO panel report in US-Tuna II, issued on 15 September 2011, represents a milestone in WTO jurisprudence as it addresses novel interpretative questions under the Agreement on Technical Barriers to Trade (TBT Agreement). The panel's finding that the US 'dolphin-safe' labelling requirements for tuna products constitute 'technical regulations' tackled a fundamental threshold issue under the TBT Agreement and was the subject of a dissenting opinion by one panellist. Furthermore, the panel's finding that the US measures contravene Article 2.2 of the TBT Agreement since they are more trade-restrictive than necessary is also significant as it provides one of the first interpretations of this core obligation. This article discusses the issues faced by the panel and evaluates the implications of the panel's findings for future cases and possible appeals.

Journal

Global Trade and Customs JournalKluwer Law International

Published: Feb 1, 2012

There are no references for this article.