Dispute settlement reports 2019. Volume III, Pages 1099 to 1744 / World Trade Organization.

Format:

Book

Contributor:

World Trade Organization, copyright holder.

Language:

English

Subjects (All):

Foreign trade regulation--Cases.

Foreign trade regulation.

Tariff--Law and legislation--Cases.

Tariff.

Competition, Unfair--Cases.

Competition, Unfair.

Dispute resolution (Law)--Cases.

Dispute resolution (Law).

Physical Description:

1 online resource (pages 1099-1743) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

These are the WTO's authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. DSR 2019: Volume III contains the panel and Appellate Body reports on 'United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381), Recourse to Article 21.5 of the DSU by the United States', 'Second Recourse to Article 21.5 of the DSU by Mexico'.

Contents:

Cover

Title page

Half-title

Copyright information

TABLE OF CONTENTS

UNITED STATES - MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS

Recourse to Article 21.5 of the DSU by the United States

Second Recourse to Article 21.5 of the DSU by Mexico

Report of the Appellate Body

LIST OF ANNEXES

ABBREVIATIONS USED IN THIS REPORT

PANEL EXHIBITS CITED IN THIS REPORT

CASES CITED IN THIS REPORT

1. INTRODUCTION

2. ARGUMENTS OF THE PARTICIPANTS

3. ARGUMENTS OF THE THIRD PARTICIPANTS

4. ISSUES RAISED IN THIS APPEAL

5. BACKGROUND AND MEASURE AT ISSUE

5.1 US Participation in Multilateral Initiatives

5.2 US Domestic Dolphin-Safe Labelling Regime: the Measure at Issue and its Evolution Over the Course of the Tuna II Dispute

6. ANALYSIS OF THE APPELLATE BODY

6.1 Article 2.1 of the TBT Agreement

6.1.1 Introduction

6.1.2 "Treatment no less favourable" under Article 2.1 of the TBT Agreement

6.1.2.1 Whether the Panels erred in their articulation of the legal standard

6.1.2.2 Whether the Panels erred in rejecting Mexico's argument concerning the relevance of the sustainability of tuna stock and the marine ecosystem

6.1.3 What the legal standard under Article 2.1 of the TBT Agreement entails in this dispute

6.1.3.1 Whether the Panels erred in failing to consider the nexus between the regulatory distinctions of the measure and its objectives

6.1.3.2 Whether the Panels erred by limiting aspects of their calibration analysis to a comparison of the risk profiles of different fishing methods

6.1.3.3 Conclusion

6.1.4 The Panels' assessment of risk profiles

6.1.4.1 The Panels' findings

6.1.4.2 Whether the Panels erred by failing to assess the risk profiles of individual fisheries.

6.1.4.3 Whether the Panels erred by using the risk profile of setting on dolphins in the ETP as a benchmark

6.1.4.4 Whether the Panels erred by relying primarily on per set data and excluding other relevant factors

6.1.4.5 Conclusion

6.1.5 The Panels' assessment of whether the 2016 Tuna Measure is calibrated to the risks to dolphins

6.1.5.1 Introduction

6.1.5.2 Eligibility criteria

6.1.5.3 Certification requirements

6.1.5.4 Tracking and verification requirements

6.1.5.5 The 2016 Tuna Measure "as a whole

6.1.6 Conclusion under Article 2.1 of the TBT Agreement

6.2 Article XX of the GATT 1994

6.2.1 The Panels' findings

6.2.2 Whether the Panels erred in finding that the 2016 Tuna Measure complies with the requirements of the chapeau of Article XX of the GATT 1994

6.2.3 Conclusion

6.3 The Panels' Decision to Hold a Partially Open Meeting

6.3.1 Procedural background

6.3.2 Sufficiency of Mexico's Notice of Appeal

6.3.3 Whether the Appellate Body should rule on this issue

7. FINDINGS AND CONCLUSIONS

7.1 Whether the Panels Erred in Their Findings under Article 2.1 ofthe TBT Agreement

7.2 Whether the Panels Erred in Their Findings under Article XX of the GATT 1994

7.3 The Panels' Decision to Hold a Partially Open Meeting

7.4 Recommendation

ANNEX A

ANNEX A-1

ANNEX B

ANNEX B-1 EXECUTIVE SUMMARY OF MEXICO'S APPELLANT'S SUBMISSION

ANNEX B-2 EXECUTIVE SUMMARY OF THE UNITED STATES' APPELLEE'S SUBMISSION

ANNEX C

ANNEX C-1 EXECUTIVE SUMMARY OF AUSTRALIA'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-2 EXECUTIVE SUMMARY OF BRAZIL'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-3 EXECUTIVE SUMMARY OF THE EUROPEAN UNION'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-4 EXECUTIVE SUMMARY OF JAPAN'S THIRD PARTICIPANT'S SUBMISSION

ANNEX D

ANNEX D-1 PROCEDURAL RULING OF 20 DECEMBER 2017.

ANNEX E

ANNEX E-1 COMMUNICATION FROM THE APPELLATE BODY

Reports of the Panel

CASES CITED IN THESE REPORTS

EXHIBITS REFERRED TO IN THESE REPORTS

ABBREVIATIONS USED IN THESE REPORTS

1.1 Complaint by the United States

1.1.1 Establishment and composition of the Panel requested by the United States

1.2 Complaint by Mexico

1.2.1 Request for consultations

1.2.2 Establishment and composition of the Panel requested by Mexico

1.3 Panel Proceedings

1.3.1 General

1.3.2 Procedures for a partially open meeting

1.3.3 Additional working procedures on Business Confidential Information (BCI)

2. FACTUAL ASPECTS

2.1 The Measure at Issue

3. PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS

4. ARGUMENTS OF THE PARTIES

5. ARGUMENTS OF THE THIRD PARTIES

6. INTERIM REVIEW

6.1 Requests from the United States

6.2 Requests from Mexico

7. FINDINGS

7.1 Introduction

7.1.1 Procedural overview

7.1.2 Format of these Reports

7.2 Preliminary Issue: United States' Request to Lift the Confidentiality of its Statements at the Panels' Substantive Meetings with the Parties and Third Parties

7.2.1 Procedural background

7.2.2 Merits of the United States' request for a partially open meeting

7.3 Preliminary Issue: United States' Failure to Request Consultations

7.4 The Measure at Issue

7.4.1 Elements of the measure at issue

7.4.2 Description of the measure at issue

7.5 Claim under Article 2.1 of the TBT Agreement

7.5.1 Introduction: "technical regulation", "like products", and "detrimental impact

7.5.2 "Legitimate regulatory distinction": the applicable legal standard

7.6 Burden and Standard of Proof

7.7 Factual Findings

7.7.1 Introduction

7.7.1.1 Findings made in previous proceedings.

7.7.1.2 Preliminary issues about the methodology to assess evidence

7.7.2 Findings on the risk profiles of individual fishing methods

7.7.2.1 Setting on dolphins

7.7.2.2 Purse seine fishing without setting on dolphins

7.7.2.3 Gillnet fishing

7.7.2.4 Longline fishing

7.7.2.5 Trawl fishing

7.7.2.6 Tuna handlining

7.7.2.7 Pole and line fishing

7.7.2.8 Overall relative assessment of the method-specific findings

7.8 Whether the 2016 Tuna Measure is Consistent with Article 2.1 of the TBT Agreement

7.8.1 Introduction

7.8.2 Eligibility criteria

7.8.3 The certification requirements

7.8.4 The tracking and verification requirements

7.8.4.1 Introduction

7.8.4.2 Arguments of the parties in the present proceedings

7.8.4.3 Differences between the NOAA and the AIDCP regimes with respect to tracking and verification

7.8.4.4 Panels' assessment

7.8.5 The determination provisions

7.8.6 Overall assessment of the consistency of the 2016 Tuna Measure with Article 2.1 of the TBT Agreement

7.9 Whether the 2016 Tuna Measure is Consistent with Articles I:1 and III:4, and Complies with the Requirements of Article XX, of the GATT 1994

7.9.1 Findings made in the previous proceedings

7.9.2 Assessment of Mexico's claims under Articles I:1, III:4, and the United States' defence under Article XX of the GATT 1994 in the present proceedings

8. CONCLUSIONS AND RECOMMENDATION(S)

8.1 Proceedings Brought by the United States: Conclusions and Recommendations

8.2 Proceedings Brought by Mexico: Conclusions and Recommendations

ANNEX A-1 WORKING PROCEDURES OF THE PANEL

ANNEX A-2 WORKING PROCEDURES OF THE PANEL

ANNEX A-3 PROCEDURES OF THE PANELS CONCERNING BUSINESS CONFIDENTIAL INFORMATION

ANNEX A-4 ADDITIONAL WORKING PROCEDURES OF THE PANELS ON PARTIALLY OPEN MEETINGS

ANNEX B.

ANNEX B-1 EXECUTIVE SUMMARY OF THE ARGUMENTS OF THE UNITED STATES

ANNEX B-2 EXECUTIVE SUMMARY OF THE ARGUMENTS OF MEXICO

ANNEX C-1 EXECUTIVE SUMMARY OF THE ARGUMENTS OF AUSTRALIA

ANNEX C-2 EXECUTIVE SUMMARY OF THE ARGUMENTS OF BRAZIL

ANNEX C-3 EXECUTIVE SUMMARY OF THE ARGUMENTS OF CANADA

ANNEX C-4 EXECUTIVE SUMMARY OF THE ARGUMENTS OF ECUADOR

ANNEX C-5 EXECUTIVE SUMMARY OF THE ARGUMENTS OF THE EUROPEAN UNION

ANNEX C-6 EXECUTIVE SUMMARY OF THE ARGUMENTS OF JAPAN

ANNEX C-7 EXECUTIVE SUMMARY OF THE ARGUMENTS OF NEW ZEALAND

ANNEX C-8 EXECUTIVE SUMMARY OF THE ARGUMENTS OF NORWAY

Cumulative List of Published Disputes.

Notes:

Title from publisher's bibliographic system (viewed on 09 Apr 2021).

ISBN:

1-108-99805-4

1-108-99105-X

OCLC:

1293258145