Decisions of the Appellate Body of the World Trade Organization European Communities-Trade Description of Sardines Download the Complete Survey (PDF Format) * Full Text of the WTO Appellate Body Report (PDF Format) ** WTO Appellate Body Report: European Communities-Trade Description of Sardines, WT/DS231/AB/R, adopted 23 October 2002. European Communities, Appellant; Peru, Appellee; Canada, Chile, Ecuador, United States and Venezuela, Third Participants. Division: Bacchus, Abi-Saab, Baptista. Major Topics Addressed by the Appellate Body: Definition of "technical regulation" under the TBT Agreement; Definition of "relevant international standard" under the TBT Agreement; Article 2.4 of the TBT Agreement; Allocation of burden of proof under Article 2.4 of the TBT Agreement; Amicus Curiae Briefs. 1. Abstract Interestingly, Morocco, a member state, was permitted to file an amicus brief. The Appellate Body seems to have determined that the fact that there are specific provisions in the DSU regarding the participation by third states does not lead to a conclusion that those provisions are exclusive. The Appellate Body rejected the argument that Article 2.4 of the TBT Agreement applies only to technical regulations that come into force after the TBT Agreement came into force. With respect to the allocation of the burden of proof under Article 2.4 of the TBT Agreement, the Appellate Body followed its Hormones precedent in determining that the "general rule-exception" approach is not viable, and that it is for the complaining state to make the case of violation, including the ineligibility for exception. The Appellate Body determined that even standards that are not adopted by standard setting bodies through consensus may be "relevant international standards" under the TBT Agreement. * The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems ** provided by WorldTradeLaw.net
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