Tuna-dolphin Cases in the United States

Tuna-dolphin Cases in the International Business Landscape

Definition of Tuna-dolphin Cases in the context of U.S. international business and public trade policy: GATT disputes over whether the United States can use a tuna import prohibition to enforce limits on the killing of dolphins during tuna harvesting. In 199 1, a GATT dispute between the United States and Mexico over Mexican tuna fishing practices led to a GATT panel finding that the US Marine Mammal Protection Act (MMPA) violated US obligations under the GATT. Among other things, the panel concluded that the United States could not impose import restrictions to protect animal life or natural resources outside the United States. However, Mexico declined to have the decision adopted by the GATT Council. Thus, the decision is not considered a formal part of GATT law or precedent. In 1994, the European Union challenged the MMPA’s embargo on tuna imported from countries that trade in tuna with Mexico. A second panel found that the United States had violated its GATT obligations by acting unilaterally.