1. Based on the Appellate Body’s decision in U.S.—Shrimp, it can be inferred that both the preamble to the WTO Agreement and the preamble of the TBT Agreement will play a role in the interpretation of the TBT Agreement. United States—Import Prohibition of Certain Shrimp and Shrimp Products, Report of the Appellate Body, WT/DS58/AB/R (1998) (“U.S.-Shrimp”), ¶¶ 152–155.
2. The term commodity usually refers to food or metal products. Such products are frequently traded by investors. In Report of the GATT panel, Canada—Measures Affecting Exports of Unprocessed Herring and Salmon, L/6268, BISD 35S/98, 112 (1988), ¶¶ 4.2–4.3, herring and salmon appear to have been accepted by the panel to be commodities for purposes of Article XI:2(b). The panel report dealt with whether a particular Canadian law was a marketing regulation for commodities (fish products).
3. Jackson singles out the case of Japan. John H. Jackson, The World Trading System: Law and Policy of International Economic Relations 222 (1997).
4. The (Tokyo Round) Agreement on Technical Barriers to Trade, GATT, BISD, 26/S 8 (1980), (entered into force January 1, 1980), reprinted in 18 ILM 1079 (1979).
5. European Communities—Measures Affecting Asbestos and Asbestos-Containing Products, Appellate Body Report, WT/DS135/AB/R (2001) (“EC—Asbestos”), ¶66–70 (emphasis added).