SHRIMP-TURTLE CASE

An Analysis on the WTO's decision of the Shrimp-Turtle Case between the U.S. and Thailand, Malaysia, India and Pakistan: Was it justified or unjustified?

An Analysis on the WTO's decision of the Shrimp-Turtle Case between the U.S. and Thailand, Malaysia, India and Pakistan: Was it justified or unjustified?

Introduction

The purpose of writing this paper is to give readers an overview regarding the Shrimp-turtle case filed by Thailand, India, Pakistan and Malaysia. In 1996 Thailand, India, Pakistan and Malaysia requested the consultations with the United States on the issue of importation ban on shrimp and turtle. However, in 1997, Thailand, India, Pakistan and Malaysia requested the establishment of a panel (Perdikis & Read, 2005.pp. 253).

Sea turtles are listed in the Endangered Species Act as endangered species. Annually up to 150,000 turtles go miserably in meshed shrimp nets. Precautions have been taken in so many parts of the world. So in the U.S., where since 1987 prescribes the Endangered Species Act, the local fishermen who wish to upgrade their networks with escape ramps for turtles, Turtle Excluder Devices called (TED). A provision of the law also obliges the government to adopt appropriate regulations to imported shrimp.

The U.S. imposed thereupon, relying on the protection of species an import ban on shrimp from countries which have the lack of effective protection of turtles. Presently in India, Malaysia, Pakistan and Thailand complained, relying on their free trade rights on the lifting of the import ban. The WTO gave this suit in autumn 1998 final held in the second instance and called on the U.S. to lift the ban. But this, so conservationists fear would, like a death knell for the turtles that widely for millions roam the oceans and do not recognize national territorial waters (Oxley, 2002, pp. 15-19).

Environmental protection and sustainable development principles of the WTO. It calls on its members to free trade are to be open to, without losing sight of the environment, as both are coupled to each other according to the WTO. For it is only through free trade resource efficiency is possible, which in turn leads to economic growth and rising prosperity, which ultimately benefits the environment: "opening An important element of the WTO's contribution to sustainable development and protection of the environment comes in the form of furthering trade in goods and services, to promote economic development, and by providing stable and predictable conditions that enhance."

Discussion

For this to be achieved, it is important to find the right balance between national environmental laws and free trade. The so-called "green protectionism" to prevent an object created by the WTO Committee on Trade and Environment (CTE). Environmental standards should not be weakened, but must be set meaningful, otherwise the risk of development of trade barriers threatened. The right balance is considered when despite environmental regulations following principles should be followed:

consistent with WTO rules

take into account capabilities of developing countries

meet the legitimate objectives of the importing country

This is only to principles and no firm policy. Concerning environmental protection can such in GATT Article XX ...