By- Gruleen Kaur

The Shrimp-Turtle case is an important contribution to the debate on environment and the trade and also involves trade measures that are quite similar to that of employed in the case of Tuna Dolphin. In this case, the US had imposed ban against all the countries that do not enforce restrictions on the use of fishing methods which directly and adversely affects the lives of the turtles.

The case was presented before WTO Appellate Body which gave a very different reasoning if compared to Tuna Dolphin case and expressed great sympathy for the goal of environmental protection. The sine qua non of the case are:-

  • This case fully completes the reformed interpretation of GATT Article XX (g), which the Appellate body had introduced in the United States- Standards for Reformulated and Conventional Gasoline case.
  • The body further contended the trade measures into three elements:-
  • Concerns exhaustible natural resources;
  • Conservation related to those exhaustible natural resources;
  • Is made in consonance with the restrictions on domestic production or the exhaustible consumption natural resources.

[1] DS58: United States — Import Prohibition of Certain Shrimp and Shrimp Products

Case Notes

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