【WTO专家组·上诉机构报告书解说㉗】美国-诉金枪鱼标签事件以及履行确认程序(DS381/RW2)
——关于TBT协定2.1条与适用"calibration"概念

作者 平家正博(西村朝日律师事务所)
发表日期/编号 2019年11月 19-P-032
研究课题 现代国际贸易投资体制的综合研究(第IV期)
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概要

This is the second set of compliance proceedings for the US-Tuna Labeling Case that discusses consistency with the TBT Agreement of the US's measure imposing the conditions of dolphin-safe labels on tuna products. This dispute started in 2008 and has continued for more than 10 years, but this case has now reached an end with the decision that the US measures are consistent with Article 2.1 of the TBT Agreement. Interpretation of Article 2.1 of the TBT Agreement was debated in the original procedure and the first compliance proceedings, and the panel in this case has followed the interpretation of Article 2.1 of the TBT Agreement discussed in those proceeding. In this sense, this case does not represent a new interpretation of Article 2.1 of the TBT Agreement, however, this case found that the US measures are consistent with Article 2.1 of the TBT Agreement, which provides important guidelines on how the legal norms of Article 2.1 of the TBT Agreement should be applied in future cases.