The WTO’s highest court ruled last Friday that the revised version of the US’ dolphin-safe labelling regime for tuna products is still in violation of the organisation’s rules, granting victory to Mexico in the long-running case ( DS381 ). The Appellate Body finding comes following several years of proceedings under the WTO’s dispute settlement system, following Mexico’s request for consultations in October 2008 which first launched the high-profile case. Disagreements between the two sides over tuna, however, long predate these proceedings. (See Bridges Weekly, 6 November 2008 ) During the proceedings involving the original labelling regime, the Appellate Body in May 2012 had found that the US scheme violated core trade rules and discriminated unfairly against Mexican tuna products. (See Bridges Weekly, 16 May 2012 ) According to the Appellate Body’s ruling at the time, while the original US measure fully addressed the adverse effects on dolphins – both observed and unobserved – resulting from setting on dolphins in the Eastern Tropical Pacific (ETP) area, it did not address mortality arising from other fishing methods in other parts of the ocean. The method of setting involves purposely encircling dolphins under purse-seine nets in order to reach the tuna that swim...