International Law Outline


US v. EC – WTO dispute settlement proceedings (1998) (806-07)



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US v. EC – WTO dispute settlement proceedings (1998) (806-07)

  1. Does EC’s rationale for ban have sufficient “scientific justification” under WTO Agreement on Application of Sanitary and Phytosanitary Measures (SPS)?

  2. WTO – unnecessary to take position on whether PP is customary law

  3. Look at relationship between PP and SPS

    1. PP not written into SPS

    2. PP doesn’t override principles of treatyinterpretation re: SPS

  4. Concludes PP doesn’t override provisions of SPS

  • Southern Bluefin Tuna

    1. 1985 – Japan, Australia and NZ – informal agreement on quotas re: SBT

    2. 1994 – formalized into Convention for Conservation of Southern Bluefin Tuna (CSBT)

      1. 1998-99 – no agreement re: allowable catch.

      2. Decided to Set up collaborative experimental fishing program – but couldn’t agree

      3. Japan set one up anyway – and exceeded 1997 allocation.

    3. International Tribunal for the Law of the Sea – AU and NZ bring arbitration

      1. Under UN Convention on Law of the Sea

      2. Southern Bluefin Tuna Cases (NZ and Aus v. Japan) – 1999 (ITLOS)

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