... is coming tomorrow (May 16). It is almost certain to have a lot of interesting things in it. Some possible issues:
– Is the measure at issue a technical regulation? And more generally, what exactly is the scope of "technical regulations"? We have discussed this here on this blog several times. See here, here, and here.
– How will the Appellate Body apply the TBT Article 2.1 national treatment standard that it developed in Clove Cigarettes to the measure at issue in Tuna? Will we learn anything more about how the standard might be applied to GATT Article III:4?
– How will the Appellate Body interpret and apply the TBT Article 2.2 "necessity" standard?