GATT Dispute Settlement Panel Report on United States Restrictions on Imports of Tuna (Tuna-Dolphin II)

33 I.L.M. 839 (1994)

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GATT Dispute Settlement Panel Report on United States Restrictions on Imports of Tuna (Tuna-Dolphin II)

GATT Dispute Settlement Panel
33 I.L.M. 839 (1994)

Facts

The United States (defendant) legislature passed the Marine Mammal Protection Act (the act), which set standards for fishing of yellowfin tuna in the Pacific Ocean. The goal of the standards was to prevent the incidental taking of dolphins by fishermen of the yellowfin tuna. Per the act, foreign countries that could not prove that the country’s fishermen met such standards were prohibited from exporting tuna to the United States. Mexico previously brought a claim before the General Agreement on Tariffs and Trade (GATT) panel. The panel issued a report in favor of Mexico, which was never adopted by GATT members. Subsequently, the European Economic Commission (EEC) (plaintiff) brought a claim before the panel, again challenging the United States’ authority to impose restrictions on foreign states for their fishing practices. The United States argued that GATT’s necessity requirement should be interpreted as “needed.” The EEC argued that the requirement should be interpreted as “necessary” or “indispensable.”

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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