Maria Fernanda Garza Flores

A0113908
Tuna Case
1. What does dolphin safe labeling means?

Denotes that tuna was caught without harming dolphins to minimize tuna
facilities while fishing

2. What is TBT?
Agreement that aims to ensure that technical regulations, standards, and conformity
assessment procedures are non-discriminatory and do not create unnecessary
obstacles to trade
3. What is the main issue in this case?

Mexico claimed that the measures established by US were discriminatory and also
unnecessary, but The Panel rejected Mexico's claim since they did not find that the
US dolphin-safe labeling provisions were discriminating against Mexican tuna.

4. Is it an environmental, technical regulations or trade barriers case?

I see this case more as a trade barrier case, since Mexico was claiming some kind
of discrimination in respect of the labeling. TBT agreement goal should create or
avoid if possible, the obstacles to trade.

5. Which were the arguments from Mexico?

Mexico perceived US measures or regulations towards the product, a bit

discriminatory.
Mexico had demonstrated that the US dolphin-safe labelling provisions are more
trade-restrictive than necessary to fulfil the legitimate objectives of getting tuna
without harming dolphins.
Ensured that US market is not used to encourage fishing fleets to catch tuna in a
manner that adversely affects dolphins

6. Which were the arguments from USA?

US has a condition to access to the US Department of Commerce official dolphinsafe label, which consists on bringing certain documentary evidence that states
tuna contained in the tuna product and its fishing method is produced by a proper
method.
US dolphin-safe labelling provisions only partly address the legitimate objectives
pursued by the United States

US dolphin-safe labelling provisions are not in violation of such provision

7. Which was the role of the US Authorities?

The Appellate Body noted that the challenged measure is composed of legislative
and regulatory acts of the US federal authorities
They determined that measure prescribed the conditions that apply for making any
assertion on a tuna product as to its dolphin-safety, regardless of the manner in
which that statement is made.

8. Which was the role of the US private parties?

Several third parties were established as part of the panel to consider other
countries opinions on behalf this case. This parties also determine if they should
consider accept or not another party to join

9. How the conflict was resolved?

Panel considered that the US dolphin-safe labelling provisions were not in violation
of these provisions, which required technical regulations to be based on relevant
international standards where possible. The Panel declined to rule on Mexico's
non-discrimination claims under the GATT 1994 and exercised judicial economy
with respect to Mexico's claims.