AIDCPAgreement on the International Dolphin Conservation Program
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Unsurprisingly, the Appellate Body reversed the panel's finding that the AIDCP was a standardization body open to all WTO members.
(57) The TBT recognizes that these bodies may include private industry or consumer entities, mixed public and private entities, or state agencies and entities that have "legal power to enforce a technical regulation." (58) The AIDCP is a regional treaty regime, and thus arguably only a state or another entity with international legal personality, such as an intergovernmental organization, could be a "member," if indeed "member" means a party to the constitutive instrument of the regime.
Although reversing the panel on whether the AIDCP is "open"' to all WTO members, and failing to take account of the complexities just discussed, the Appellate Body did (to its credit) elaborate a broader framework for understanding the meaning of "international standards" in TBT 2.4, offering useful guidance to future panels.
at 280 ("[T]he AIDCP remains open to accession to any State ...
concessions, the other fishing countries agreed to implement a legally binding treaty known as the Agreement on the International Dolphin Conservation Program (AIDCP).
The AIDCP sought to achieve five major goals, many of which were founded upon objectives first established by the La Jolla Agreement.
The AIDCP and the Panama Declaration created a deep division in the environmental community over the tuna-dolphin debate.
The Commission had initially stated that it would not approve the AIDCP agreement until it had joined the Inter-American Tropical Tuna Commission.