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
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.