Skip to main content
×
×
Home

European Communities – Trade Description of Sardines: Textualism and its Discontent*

  • Henrik Horn (a1) and Joseph H. H. Weiler (a2)
Extract

The facts of ECSardines are simple enough. A European Communities (EC) regulation stipulated that the designation Sardines could be used on preserved fish only for the genus Sardina pilchardus. The broad rationale claimed for this measure was to prevent consumer confusion. Allegedly European consumers associated the appellation “Sardines” with the pilchardus genus. Subsequently the Codex Alimentarius Commission set an international standard which effectively would allow other types of fish e.g. the genus Sardinops sagax, to use the word Sardine as part of its packaging designation. Peru, which exports Sardinops to Europe could not, under the Community regulation, use the designation Sardines in any shape or manner even though this prohibition would be contrary to the international standard set by the Codex Commission.

    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      European Communities – Trade Description of Sardines: Textualism and its Discontent*
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      European Communities – Trade Description of Sardines: Textualism and its Discontent*
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      European Communities – Trade Description of Sardines: Textualism and its Discontent*
      Available formats
      ×
Copyright
Footnotes
Hide All
*

This study discusses the WTO Dispute Settlement dispute European Communities – Trade Descriptions of Sardines (WT/DS231/R, 29 May 2002 and WT/DS231/AB/R, 26 November 2002). We are grateful for helpful discussions with Gene Grossman and Petros C. Mavroidis and the other Reporters in the project, as well as for the many useful comments provided by participants in the ALI Invitational Conference in February 2004.

Footnotes
References
Hide All

1 EC Measures Concerning Meat and Meat Products (Hormones) – Report of the Appellate Body (WT/DS26/AB/R and T/DS48/AB/R, January 16, 1998).

2 European Communities – Customs Classification of Certain Computer Equipment – Report of the Appellate Body (WT/DS62/AB/R, WT/DS67/AB/R and WT/DS68/AB/R, May 6, 1998).

3 United States – Measures Affecting Imports of Woven Wool Shirts and Blouses from India – Report of the Appellate Body (WT/DS33/AB/R, April 25, 1997).

4 Korea – Measures Affecting Imports of Fresh, Chilled and Frozen Beef – Report of the Appellate Body (WT/DS161/AB/R and WT/DS169/AB/R, November 12, 2000).

* This study discusses the WTO Dispute Settlement dispute European Communities – Trade Descriptions of Sardines (WT/DS231/R, 29 May 2002 and WT/DS231/AB/R, 26 November 2002). We are grateful for helpful discussions with Gene Grossman and Petros C. Mavroidis and the other Reporters in the project, as well as for the many useful comments provided by participants in the ALI Invitational Conference in February 2004.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
  • URL: /core/journals/world-trade-review
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Full text views

Total number of HTML views: 1
Total number of PDF views: 88 *
Loading metrics...

Abstract views

Total abstract views: 571 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 19th September 2018. This data will be updated every 24 hours.