The interim panel report in the Tuna-Dolphin case (DS381) is out. Here's Washington Trade Daily:
A World Trade Organization dispute settlement panel on Friday issued a mixed ruling concurring with Mexico that US “dolphin-safe” labeling rules cause more restrictions than necessary under global trade rules, WTD has learned (WTD, 11/6/09).
In a preliminary ruling issued to the two parties, a three-member dispute settlement panel upheld Mexico’s core charge that the US conservation measures have the effect of imposing more restrictions than necessary to protect dolphins from Mexican tuna fishers, WTD was told.
WTD also has learned that the panel sided with the United States on some other points.
The panel ruling is expected to be made public next month.
Mexico raised the dispute in October, 2008. It alleged that the US measures had the effect of prohibiting the labeling of Mexican tuna and tuna products as “dolphin-safe” even when the tuna was harvested by means complying with the “dolphin-safe” standard established by the Inter-American Tropical Tuna Commission. Tuna caught under the same system – including by US harvesters - were accorded the “tuna safe” labels.
It's hard to say too much without seeing the actual reasoning and conclusions. However, it sounds like the Panel rejected the non-discrimation claims, but found a violation on the TBT Article 2.2 claim. The Panel request is here: http://www.worldtradelaw.net/pr/ds381-4(pr).pdf Some DSC subscriber-only blog posts on the legal issues in the case are here, here, here and here.
