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The WTO Tuna-Dolphin II Case: United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products


Gregory Shaffer


University of Minnesota - Twin Cities - School of Law

November 16, 2012

American Journal of International Law, Issue 1, 2013
Minnesota Legal Studies Research Paper No. 12-62

Abstract:     
The case United States — Measures Concerning the Importation and Marketing and Sale of Tuna and Tuna Products concerns whether United States “dolphin-safe” labeling requirements comply with the Agreement on Technical Barriers to Trade (TBT Agreement) of the World Trade Organization (WTO). This paper analyzes the WTO Appellate Body decision and its systemic importance for the interpretation of the TBT Agreement’s substantive obligations; the types of labeling that fall within the scope of the Agreement; the legitimacy of labeling based on foreign process and production methods (PPMs); and the relation of other international law to WTO law.

Number of Pages in PDF File: 10

Keywords: WTO, trade-environment, PPMs, labeling, tuna-dolphin

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Date posted: November 17, 2012 ; Last revised: November 20, 2012

Suggested Citation

Shaffer, Gregory, The WTO Tuna-Dolphin II Case: United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (November 16, 2012). American Journal of International Law, Issue 1, 2013; Minnesota Legal Studies Research Paper No. 12-62. Available at SSRN: http://ssrn.com/abstract=2176863

Contact Information

Gregory C. Shaffer (Contact Author)
University of Minnesota - Twin Cities - School of Law ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
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