United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products

E353369

United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products is a landmark WTO dispute settlement case addressing the compatibility of U.S. “dolphin-safe” tuna labeling requirements with international trade rules.

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Statements (43)

Predicate Object
instanceOf WTO dispute
WTO dispute settlement case
trade and environment dispute
addressesQuestionOf whether dolphin-safe criteria are applied in a non-discriminatory manner
whether environmental labeling can be WTO-consistent
agreementInvoked General Agreement on Tariffs and Trade
surface form: GATT 1994

Agreement on Technical Barriers to Trade
surface form: TBT Agreement

WTO agreements
surface form: WTO Agreement
allegationByComplainant discrimination against Mexican tuna and tuna products
inconsistency with WTO obligations under the TBT Agreement
complainant Mexico
concerns environmental protection objectives
protection of dolphins in tuna fishing operations
technical regulations on product labeling
disputePartiesCategory developed country respondent and developing country complainant
environmentalAspect by-catch of dolphins in tuna fisheries
marine mammal protection
fallsUnder Dispute Settlement Understanding
surface form: WTO Dispute Settlement Understanding
forum World Trade Organization
hasPrecedentialValueFor interpretation of non-discrimination under the TBT Agreement
subsequent WTO cases on environmental labeling
involves consumer information labels
non-tariff barriers to trade
isLandmarkFor interpretation of the TBT Agreement in relation to labeling
relationship between trade rules and environmental labeling
isRelatedTo dolphin-safe labeling programs
international trade in fishery products
legalCharacterization trade-restrictive environmental measure
mainIssue compatibility of U.S. labeling requirements with WTO rules
dolphin-safe tuna labeling requirements
measureType import-related marketing measure
labeling requirement
policyObjectiveClaimedByRespondent informing consumers about dolphin-safe characteristics of tuna
protection of dolphins
relatedUSLawOrRegulation U.S. dolphin-safe tuna labeling regime
respondent United States of America
surface form: United States
sector agri-food trade
fisheries
shortName US – Tuna II (Mexico)
subjectOfMeasure tuna and tuna products
tradeAspect conditions for use of labels in the U.S. market
market access for Mexican tuna
WTOdisputeNumber DS381

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WTO Appellate Body notableCase United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products