GD/272

United States - Restrictions on Imports of Tuna - Request for Consultations under Article XXIII:1 by the Kingdom of the Netherlands on behalf of the Nertherland Antilles

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Other titles

Parties

Complainant
Netherlands
Respondent
United States
Third Parties

Products at Issue

Products at issue
Tuna
Type of product
Non-agricultural
Product sub-type
Fish and fish products

Related disputes

GATT
Related GD
GD/239
GD/263
GD/266
WTO
Related WTO Dispute
WT/DS381

Key legal aspects

Legal basis
  • GATT Article XXIII:1
  • GATT Article XXIII:2
Claims raised
  • GATT (no specific provision)
Defences raised
  • n.a.

Adjudicators

Type
Chairperson
Other members

Report

Type
Legal basis at issue
  • GATT Article XXIII:1
  • GATT Article XXIII:2
Claims at issue
Defences at issue
  • n.a.
No of Pages (total / legal reasoning)
  • -
  • -
  • -

Timeline

Request for consultations

Outcome

Outcome of the proceedings
Consultations held
Additional Info DS33/1(10/07/1992) Request for Consultations by the Kingdom of Netherlands on behalf of the Netherlands Antilles (03/07/1992): "The subject matter of this dispute has already been examined by a panel requested by Mexico (DS21/R)." The Panel Report was discussed in three GATT Council sessions, "not yet been adopted by the GATT Council." DS29/3 (14/07/1992) Recourse to GATT XXIII:2 by Netherlands (13/07/1992) to join DS29 as a co-complainant given that its consultations under DS31/1 did not lead to a mutually satisfactory solution.

C/M/258 (04/08/1992) Minutes of Council Meeting (14/07/1992) US pending legislation; EEC requested again establishment of a Panel (DS29/2); Netherlands requested to join as co-complainant (US agreed to avoid an additional panel under DS31/1). Panel established under DS29.

Note: The request of consultations was presented by the Kingdom of Netherlands on behalf of the Netherlands Antilles.