DS381: United States – Measures ­Concerning the Importation, Marketing and Sale o­f Tuna and Tuna Products (US – Tuna II (Mexico))

This entry concerns one of the classic trade and environment disputes between Mexico and the United States over the latter’s ‘dolphin safe’ labelling regime. It outlines the key elements of the factual background, the arguments of the parties and the findings of the Panels and the Appellate Body in the original and two Article 21.5 compliance proceedings. In its latest ruling in this decade-long dispute, the Appellate Body found the dolphin safe labelling regime to be consistent with Article 2.1 of the TBT Agreement and justified under GATT Article XX(g) because the detrimental impact of the re-amended dolphin safe labelling regime on Mexican tuna stemmed exclusively from a legitimate regulatory distinction and the labelling regime was no longer applied in a manner that constituted a means of arbitrary or unjustifiable discrimination.