united states – measures concerning the
importation,
marketing and sale of tuna and tuna products
recourse to article 21.5 of the dsu by the United
States
Constitution of the Panel
Note by
the Secretariat
1. At its meeting on 9 May 2016, the Dispute Settlement Body (DSB) decided,
in accordance with Article 21.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), to refer to the original panel, if
possible, the matter raised by the United States in document WT/DS381/32.
2. The Panel's terms of reference are the
following:
To examine, in the light of the relevant provisions of the covered
agreements cited by the parties to the dispute, the matter referred to the DSB
by the United States in document WT/DS381/32 and to make such findings as will
assist the DSB in making the recommendations or in giving the rulings provided
for in those agreements.
3. Due
to the unavailability of the chairperson of the
original panel,
the parties agreed on a replacement. The panel was composed on 27 May 2016 as
follows:
Chairperson: Mr Stéfan
Jóhannesson
Members: Ms
Elizabeth Chelliah
Mr Franz Perrez
4. Australia, Brazil, Canada, China, Ecuador, the
European Union, Guatemala, India, Japan, Korea, New Zealand and Norway have reserved their rights to participate
in the Panel proceedings as third parties.
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