Chapter

Mexican Tuna-dolphin

Dale D. Murphy

in The Structure of Regulatory Competition

Published in print September 2006 | ISBN: 9780199216512
Published online March 2012 | e-ISBN: 9780191696008 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199216512.003.0006

Series: International Economic Law Series

Mexican Tuna-dolphin

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The US-Mexican dispute over tuna-dolphin is a well known but poorly understood case of heterogeneity. It served as a focal point for trade-and-the-environment disputes within the GATT/WTO system. This chapter examines the imposition of a stringent market access restriction on the importation and sale of tuna caught with methods lethal to dolphins. It begins with a brief introduction and the industrial structure and asset specificity in the tuna industry. It then discusses the role of private sector decisions by America's leading tuna canner in affecting the heterogeneous outcome. The fourth section discusses the impact of the US policy on the industry and ecology of the Eastern Tropical Pacific (ETP, near Mexico). The GATT ruling on that policy has become widely cited and is discussed in the fifth section. The sixth section summarizes the US legislative history of dolphin protection followed by a conclusion.

Keywords: United States; Mexico; tuna; dolphin; market access; importation; heterogeneity; GATT; WTO

Chapter.  11291 words.  Illustrated.

Subjects: Public International Law

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