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United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse to Article 21.5 of the DSU by Mexico (WT/DS381): Report of the Panel

Published online by Cambridge University Press:  28 September 2017

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Summary

INTRODUCTION

General

On 14 November 2013, Mexico requested the establishment of a panel pursuant to Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) concerning the United States’ alleged failure to implement the recommendations and rulings of the Dispute Settlement Body (DSB) in the dispute United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products. At its meeting on 22 January 2014, the DSB referred, if possible, to the original Panel in accordance with Article 21.5 of the DSU to examine the matter referred to the DSB by Mexico in document WT/DS381/20.

The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Mexico in document WT/DS381/20 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

On 27 January 2014, the Panel was composed as follows:

Chairperson: Mr Mario Matus

Members: Ms Elizabeth Chelliah

Mr Franz Perrez

Australia, Canada, China, European Union, Guatemala, Japan, the Republic of Korea, New Zealand, Norway, and Thailand reserved their third-party rights.

The Panel met with the parties from 19 to 21 August 2014. A session with the third parties took place on 20 August 2014.

On 27 October 2014, the Panel issued the descriptive part of its Report to the parties. The parties provided comments to the descriptive part of the Panel Report on 10 November 2014. The Panel issued its Interim Report to the parties on 28 November 2014. On 12 December 2014, the parties separately requested the revision of specific aspects of the Interim Report; on 19 December 2014, the parties made comments on other party's request. The Panel issued its Final Report to the parties on 30 January 2015.

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Publisher: Cambridge University Press
Print publication year: 2017

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