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A dispute settlement panel was established on 20 April on Mexico’s claim that the criteria for the dolphin-safe logo administered by the US Department of Commerce discriminate against its tuna exports.
At the core of the dispute is the Mexican tuna fleet’s use of purse seine nets, which often trap and kill dolphins that swim above the fish. Tuna captured by this method does not meet US dolphin-safe criteria. Mexico argues, however, that its exports should be entitled to the label since its fishing practices are in line with an international agreement in force since 1999 under the auspices of the Inter-American Tropical Tuna Commission (Bridges Year 12 No.5 page 8).
The case marks the first time that a panel will examine the WTO compatibility of a non-mandatory label, albeit one administered by a government. The proceedings will be of systemic interest since WTO Members have engaged in a heated but inconclusive debate on private sector standards in the Committee on Sanitary and Phytosanitary Measures. The issue has been pushed by developing countries concerned about the proliferation of non-governmental standards, which they see as significant market access barriers.
The US argued before the Dispute Settlement Body that the case should be arbitrated under the North American Free Trade Agreement. NAFTA gives the respondent in an environment-related dispute the right to choose the forum where it will be heard.
But Mexico said it was determined to have the case resolved at the WTO. “Many countries have informally indicated their wish to participate in or to follow the dispute, something that would not possible under the NAFTA. Mexico believes that the substantial concern that this dispute has generated at the international level must also be taken into account,” the Mexican delegate told the meeting.
The US suggested that submissions in the case be made publicly available and panel hearings opened to public observation.
One response to “9 - Tuna-Dolphin Update”
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The U.S. is only using this measure to protect corporate interests of Earth Island’s business. Dolphin Safe label means nothing else than blocking Mexican tuna which actually does protect dolphins; U.S dolphin safe label allows for tuna from other parts of the world to use the label EVEN IF THEY KILL DOLPHINS. Ask and find out WHO HAS INTERESTS IN EARTH ISLAND BUSINESS. See this video (this is how the U.S. fleet currently catches Tuna and still gets the label) Is this really an environmental policy or just an attempt to protect a multibillion dollar U.S. industry??? http://www.greenpeace.org/australia/en/news/oceans/Shocking-tuna-fishing-footage/