Paper - World Trade Organization
- UNITED STATES - IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS -
The present case “United States- Import prohibition of certain shrimp and shrimp products” will be examined by solving the following problem sets: First of all the participating parties will be presented and the subject of the original controversy will be expounded. In a second step all participants’ argumentations will be lighted up in detail. Thirdly, the results of the Panel discussion will be presented and assessed. Connecting to the previous point the motivations for the appeal, logged by the accused party, will be figured out. Finally, the Appellate body’s decision on the issue will be disclosed. The author’s personal opinion will top off the paper at the very end. In order to provide a convenient text flow all required articles and paragraphs of the GATT contract are put in the gloss.
1. Please describe the different parts and topics of the original controversy.
The dispute involves three major parties which can be distinguished as follows: the Appellees India, Malaysia, Pakistan, and Thailand who initiated the whole case and the United States of America defending there interests in the role of the Appellant. Sharing the accusers’ point of view are the countries Australia, Ecuador, The European Union, Hong Kong, China, Mexico and Nigeria bear out for the same statement in their role of the so-called Third Participants.
The whole case is probably the most important environment-related case ever discussed before the WTO. It deals with the justifiability of imposing an all-embracing encroachment in an existing trade agreement in favour of meeting environmental protection ambitions.
The original controversy was provoked by the United States when it enacted the Public Law 101-162 (“Section 609 of the Endangered Species Act”) in 1987. This law contained the requirement that the US government places obligations on the import of shrimp products in order to assure that the shrimp are caught with methods which are assured not to harm endangered sea turtles.
Those requirements call for the use of Turtle Excluder Devices which reduce the number of turtles killed during the harvesting process by 90%. In May of 1991 the law was extended such that an import ban was placed on shrimp harvested under conditions which may affect the sea turtles.
 Cp. WT/DS58/AB/R, Paragraph I.1.
 Cp. http://www.nmfs.noaa.gov/pr/species/turtles/teds.htm
 Cp. WT/DS58/AB/R, Paragraph I.3
- Quote paper
- Martin Wolf (Author), 2005, WTO Shrimp -Turtle Case [ Import Prohibition of Certain Shrimp Products], Munich, GRIN Verlag, https://www.grin.com/document/47440