WTO Sides With US in Dispute With Mexico on Dolphin-Safe Tuna Labeling

After 10 years of argument at the World Trade Organization, the U.S. dolphin-safe tuna labeling requirements are deemed to be justified for legitimate conservation goals, and not discriminatory toward Mexican fishing fleets. The appellate body report, issued Dec. 14, puts to rest Mexico's arguments that the measures were unnecessary and were discriminatory. At issue is the fact that in the part of the Pacific Ocean where Mexico catches tuna, boats commonly drag a dolphin in a net, because that attracts schools of tuna. Environmentalists say that puts stress on the dolphins. In order to qualify for dolphin-safe labeling, both a captain and an independent observer must certify this dolphin-as-bait method was not used.

During the legal battle in Geneva, an arbitrator allowed Mexico to request authorization to suspend concessions up to a value of $163.23 million annually (see 1710270024). Mexico never implemented these tariffs, and now that the compliance appeal is resolved, it will not be able to.

The two countries had a panel form in 2008, followed by an appeal; then in 2013, a compliance panel was formed, then an appeal went before the compliance panel; and now, the results of that appeal have been released. "The WTO has finally confirmed -- as we’ve said all along -- that U.S. dolphin-safe labeling requirements are consistent with WTO rules," U.S. Trade Representative Robert Lighthizer said. "After more than 10 years ... the latest compliance reports have finally reached the right conclusion, ending this long-standing dispute."