U.S. wants tuna-dolphin dispute with Mexico kept in NAFTA
The United States has requested North American Free Trade Agreement dispute settlement consultations with Mexico regarding Mexico’s failure to move its “dolphin safe” labeling dispute from the World Trade Organization to NAFTA.
The U.S. dolphin safe labeling provisions at issue in the WTO dispute prohibit tuna sellers from labeling their products as “dolphin safe” if the tuna is caught by intentionally encircling (“setting on”) dolphins with purse seine nets. Mexican fishing vessels use this technique to fish for tuna.
On March 9, Mexico requested that a WTO panel be established to review Mexico’s claims that U.S. law limiting the use of the “dolphin safe” label on tuna and tuna products is inconsistent with U.S. obligations under the WTO Agreement.
In response, the United States invoked the NAFTA choice of forum provision on March 24. Mexico has since continued to press for a WTO dispute settlement panel.
“In requesting NAFTA consultations, we are enforcing the right that the United States, Canada and Mexico negotiated in the NAFTA,” said Debbie Mesloh, a spokeswoman for the Office of the U.S. Trade Representative, in a statement on Thursday. “This is an important right that has not previously been invoked by a NAFTA party, and defending our right under this clause preserves and strengthens the NAFTA dispute settlement regime.”
Consultations are the first step in a NAFTA dispute. Under NAFTA rules, if the parties do not resolve an issue through consultations, either party may request a meeting of the NAFTA Free Trade Commission to address the matter.
U.S. wants tuna-dolphin dispute with Mexico kept in NAFTA
