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12 Indian J. Int'l Econ. L. 106 (2020)
"Tuna - Dolphin Forever"? The Development of the PPM Debate Related to Trade and Environment in the WTO

handle is hein.journals/ijiel12 and id is 112 raw text is: TUNA - DOLPHIN FOREVER? THE DEVELOPMENT OF THE PPM DEBATE RELATED TO TRADE AND ENVIRONMENT IN THE WTO David Sifonios and Andreas R. Ziegler* Abstract The Tuna-Dolphin disputes between the United States and Mexico have spanned almost three decades. They have shed light on the PPM debate, i.e. whether trade restrictions based on differences in process and production methods (PPMs) are justifiable under international trade rules. While a very strict approach against the use of PPM measures prevailed at the end of the GATT era, it has significantly evolved during the first two decades of the WTO. The Dispute Settlement Body eventually upheld a PPM dolphin-safe measure at the end of a particularly long judicial saga. The different Tuna-Dolphin reports show how environmental interests have gradually been integrated in WTO law and have influenced the interpretation of some of the core provisions of the GATT and the TBT Agreement (non- discrimination obligations, general exceptions). These remarkable evolutions may be viewed as reflections of the objective of sustainable development mentioned in the WTO Agreement and as consequences of the judicialization of the multilateral trading system, which has allowed more legally sophisticated analyses based on the rule of law. They also illustrate efforts to foster the external legitimacy of the WTO, through greater sensitivity towards non-trade values. At the same time, the Tuna-Dolphin case law has become particularly complex, focusing on very fine technical details specific to the dispute, which has led to the risk of never-ending story. In this context, the search for legal security, coherence and efficient settlement of disputes may be the next challenge for WTO adjudicating bodies. At the same Andreas R. Ziegler is a full professor of international law at the University of Lausanne where he also directs the LLM Programme in International Business Law. He is the President of the Swiss Branch of the International Law Association and on the Board of the Swiss Society of International Law and the European Law Faculties Association. David Sifonios is an attorney-at-law based in Switzerland. He holds a PhD in law from the University of Lausanne. His PhD thesis explores the issue of environmental process and production methods (PPMs) in WTO law.

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