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

American Journal of International Law, Issue 1, 2013

Minnesota Legal Studies Research Paper No. 12-62

10 Pages Posted: 17 Nov 2012 Last revised: 20 Nov 2012

See all articles by Gregory Shaffer

Gregory Shaffer

University of California, Irvine School of Law

Date Written: November 16, 2012

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.

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

Suggested Citation

Shaffer, Gregory C., 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: https://ssrn.com/abstract=2176863

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

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