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United States — Measures Concerning the Importation, Marketing, and Sale of Tuna and Tuna Products, United States v Mexico, Appellate Body Report, WT/DS381/AB/R, Report No AB-2012-2, Doc No 12-2620, ITL 149 (WTO 2012), 16th May 2012, Appellate Body

Reporter(s)

Gabriel M Lentner

United States — Measures Concerning the Importation, Marketing, and Sale of Tuna and Tuna Products, United States v Mexico, Appellate Body Report, WT/DS381/AB/R, Report No AB-2012-2, Doc No 12-2620, ITL 149 (WTO 2012), 16th May 2012, Appellate Body

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 16 December 2018

Whether a labelling requirement constituted a technical regulation under Annex 1.1 of the Agreement on Technical Barriers to Trade (the ‘TBT Agreement’).

Whether the Panel’s findings in relation to Article 2.1 of the TBT Agreement that a State’s products were not afforded less favorable treatment than products of a second state in respect of domestic labelling provisions were in error.

Whether the Panel erred in its decision in favour of a State’s claim under Article 2.2 of the TBT Agreement that the domestic labelling provisions were more trade-restrictive than necessary to fulfil their legitimate objectives.

To what extent the Panel was correct in stating that the definition of ‘dolphin-safe’ in the Agreement on the International Dolphin Conservation Program constituted an international standard within the meaning of Article 2.4 of the TBT Agreement.

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