I've been saying this over and over, so I won't say it anymore. Instead, I'll quote Hunter Nottage and Alejandro Sánchez of the ACWL, from a new Global Trade and Customs Journal article:
The US-Tuna II report tackled a range of novel interpretative questions under the TBT Agreement. The report was issued contemporaneously with that in US-Clove Cigarettes and was followed, two months later, by the panel report in US-COOL. These three reports result in a unique dynamic in WTO dispute settlement as they have, separately, dealt with similar interpretative questions under the TBT Agreement prior to any clarifying Appellate Body jurisprudence. As we have seen, at times, these panels appear to have adopted divergent approaches. This will provide the Appellate Body with a considerable challenge if any or all of these reports were appealed in 2012. Appellate Body clarification will be critical, however, as the recent period of intense litigation under the TBT Agreement suggests that WTO members are using technical regulations and standards more than in the past and that we can expect more litigation under the TBT Agreement in the future.
