Local DiskShrimp Fishing and Sea TurtlesShrimp Fishing and Sea TurtlesChen, GrantCheng, JessicaMelena, LaizaTiedman, Kate Shrimp, Turtles, and the WTO Shrimp Fishing and Sea Turtles• 7 species identified– CITES– ESA• Human impact– Shrimp trawling– TEDs• Section 609 (1989)• Application of 609– Provide assistance and technology to Caribbean fishermen– Did not allow for importation of shrimp from SE AsiaTrade Dispute – Major Issues• Turtle conservation policies• Migration and global resources• Threat of shrimp trawlers to turtles• Effectiveness of TEDs• US legislation and conservation• Discriminatory practicesTrade Dispute – Complainant’s Arguments• Is conservation policy effective?• Jurisdiction issues• Shrimp trawlers as main case of turtle mortality• Are TEDs effective?• Ability to dictate environmental policy of other WTO membersTrade Disputes – USA’s Arguments• Need to change complainant’s policies• Turtles as a shared global resourcefile:///C|/Documents%20and%20Settings/Jessica%20Chen...le/Shrimp%20Fishing%20and%20Sea%20Turtles_outine.htm (1 of 3)10/30/2006 8:47:05 AMShrimp Fishing and Sea Turtles• Shrimp trawlers are important cause of sea turtle mortality• TEDs are effective• Embargo’s primary aim is sea turtle conservationAppellate Ruling• November 6, 1998• US can enforce environmental protection• Right to enact trade restrictions to raise environmental protection standards• Discriminatory behaviorMajor Decisions• Discriminatory behavior and the chapeau• Rejection of ‘traditional’ approach to exhaustible natural resources• Article XX exemptions• Jurisdiction issuesDiscriminatory Behavior• Different time frames to implement measures• Implementation costs• Different conditions of different countries• Lack of “transparent, predictable certification process”• Multilateral negotiations • US . measures had applied in a way that violated the article by treating certain Asian countries differentlyExhaustible Natural Resources• “Exhaustible natural resources” in light of evolving international legal instruments and policies to promote “sustainable development”• Endangered species considered “exhaustible” • Threat of extinction falls within Article XX(g)• Article XX exemptions– Lack of comparable programs in other countries fit Article XX(g) exemption– Section 609 “even-handed measure” to protect turtlesJurisdiction• US does not need to prove every sea turtle will migrate to US waters– Sea turtles as highly migratory– All species found in US waters• Unclear in defining ability of countries to implement measures protection natural file:///C|/Documents%20and%20Settings/Jessica%20Chen...le/Shrimp%20Fishing%20and%20Sea%20Turtles_outine.htm (2 of 3)10/30/2006 8:47:05 AMShrimp Fishing and Sea Turtlesresources clearly outside jurisdictionImpacts• Only legally binding decision on use of unilateral trade restrictions on foreign non-product related PPMs• Acknowledge need to protect sea turtles• Conflicting interests of Article XX and chapeau– Narrow to pass Article XX(g) standard– Flexibility to allow for unique conditions of different countries to pass chapeau• Future casesfile:///C|/Documents%20and%20Settings/Jessica%20Chen...le/Shrimp%20Fishing%20and%20Sea%20Turtles_outine.htm (3 of 3)10/30/2006 8:47:05
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