International Law Outline


United States – Import Prohibition of Certain Shrimp and Shrimp Products(Shrimp-Turtle I)



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United States – Import Prohibition of Certain Shrimp and Shrimp Products(Shrimp-Turtle I) – WTO Appellate Body – 1998 (855-57)

  1. Several arguments

    1. Interpret treaty in light of contemporary concerns

    2. Use preamble, concept of sustainable development

    3. Make terms “effective” of particular objectives (but what objectives)

    4. Balance of rights and obligations

      1. HUGE SHIFT. GATT about trade, not about balance.

  2. Compromise

    1. Upholds American principles re: take into account emerging environmental issues under Article XX

    2. US didn’t do it correctly – needs to negotiate, ensure non-discrimination

  • In between Shrimp-Turtle I and II

    1. US develops new guidelines

      1. Maintains embargo – but also maintains shipment-by-shipment approach

      2. Initiated efforts to negotiate sea turtle conservation treaty

  • 2000 – Malaysia goes back to WTO

    1. Panel holds – US can keep embargo, as long as it demonstrates good faith efforts to reach multilateral agreement


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