Summary: US Shrimp Case

Summary: US Shrimp Case

Brief Background

Turtles in the sea were being captured incidentally by fishermen. USA endorsed Section 609 of Public Law 101 -162 (S. 609) during 1989 that encouraged multilateral and bilateral negotiation for the conservation and protection of turtles in the sea with governments involved in commercial operations of fishing probably to have a pessimistic effect on sea turtles (Para 2.7).

During the year 1996, Revised Guidelines to S. 609 were enacted that instructed that all shrimp shipments, as well as shrimp products into United States were to escorted by a declaration to attest that the shrimp had been cropped “either under provisions that do not unfavorably and negatively impact turtles or in sea subject to the certified country's jurisdiction (Para 2.11).

Annually, certification was to be given to harvest nations apart from these where turtle so not arise or that utterly use means that do not have TEDS (threat to sea turtles), “merely in case such nations given proof of the regulatory program adoption that govern the incidence that takes place in relation commercial shrimp that trawl sea turtle harvesting, which was similar to that of US, along with the average rate of sea turtle incidents was analogous to that of US. By the end of 1996, the above restriction was pulled out to apply to all shrimp shipments and products cropped in the wild by vessels of nations and citizens, which are not certified (Para 2.15).

Measures in Issue

According to the USA Public Law 101-162, Section 609 (S.609) that banned the imports of shrimp and its products cropped with commercial technology of fishing, which might have a negative effect on sea turtles other than countries that have certification. The 1996 Revised Guidelines was the basis of certification that determine foreign programs comparability for turtles protection in shrimp trawl fishing operations with those of USA. Under S. 609, there is a ban on shrimp imports and the certification process and methods as per the Revised Guidelines, which have been in controversy in this case.

Summary of Claims of Parties

The basis of USA claims were Article XX GATT and Article XX (b) and (g); however, Malaysia, Thailand, Pakistan and India claims were based on Article XI:1, Article XIII:1, Article 1:1 and Article XXIII:1 (a).

Panel Findings

On the basis of S.609, the import prohibits on shrimp and all related products as pertain by US and was inconsistent with Article XI: 1 GATT and might not be validated under Article XX GATT (Para 8.1).

The issue in disagreement was not the protection urgency of turtles in the sea, or the necessity and desirability of the environmental goals of the US policy on conservation of sea turtles. Members are free to establish their own objectives of environment; however, they are not free to interpret those aims in a manner that is in line with obligations of WTO, not depriving Agreement of WTO of its purpose and objects (Para 9.1).

Summary of Key Panel/ Appellate Finding

GATT Article XI (ban on quantitative limitations) ...