Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-jkksz Total loading time: 0 Render date: 2024-12-26T13:37:22.916Z Has data issue: false hasContentIssue false

V - LEGAL CHARACTERIZATION OF THE MEASURE AT ISSUE

Published online by Cambridge University Press:  13 December 2017

Corporate Author
Get access

Summary

178. Before the Panel, Mexico challenged the consistency of the US “dolphin-safe” labelling provisions with Articles I:1 and III:4 of the GATT 1994 and Article 2 of the TBT Agreement. Before proceeding to examine the substance of Mexico's claims, the Panel stated that it would determine, as a threshold matter, whether, as contended by Mexico, the measure at issue constitutes a “technical regulation” to which Article 2 of the TBT Agreement applies.

179. In its analysis of this question, the Panel applied what it described as a “three-tier test” and made three intermediate findings. First, the Panel found that the measure at issue applies to an “identifiable” product or group of products, namely, “tuna products” as defined in the DPCIA and Section 216.3 of Title 50 of the United States Code of Federal Regulations. Second, the Panel found that the measure at issue sets out the conditions under which tuna products may be labelled “dolphin-safe” and that it thus establishes “labelling requirements, as they apply to a product, process or production method” within the meaning of Annex 1.1 to the TBT Agreement. Third, the Panel found that the measure at issue establishes “labelling requirements, compliance with which is mandatory”. The United States does not contest the first two intermediate findings made by the Panel. Instead, its appeal focuses on the Panel's finding that the measure at issue establishes labelling requirements “with which compliance is mandatory” and the Panel's conclusion that the US measure therefore constitutes a “technical regulation” within the meaning of Annex 1.1.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×