Here's the U.S. - Tuna panel's ultimate finding under TBT Agreement Article 2.2:
7.620 In light of our determinations above in relation to both objectives of the US dolphin-safe provisions, we find that these measures are more trade-restrictive than necessary to fulfil their legitimate objectives, taking account of the risks non-fulfilment would create. Consequently, the Panel finds that the US dolphin-safe provisions are inconsistent with Article 2.2 of the TBT Agreement.
The reasoning is much too long to summarize briefly here, but for those who have read it and are unhappy with it (and if you are happy with the decision, feel free to weigh in as well), let me ask a couple questions:
-- How should the panel have dealt with the Article 2.2 claim in this dispute? A specific concern with the panel's finding is the intrusion of WTO rules into domestic policy-making. What should the panel have done to take this concern into account?
-- Is there any approach to Article 2.2 that will allow sufficient domestic autonomy? Or is the provision itself inherently flawed in this regard?
