United States – Import Prohibition of Certain Shrimp and Shrimp Products
E353360
United States – Import Prohibition of Certain Shrimp and Shrimp Products is a landmark WTO dispute settlement case that clarified the relationship between trade rules and environmental protection, particularly regarding measures to protect endangered sea turtles.
All labels observed (2)
How this entity was disambiguated
This entity first appeared as the object of triple T3389719 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: United States – Import Prohibition of Certain Shrimp and Shrimp Products Context triple: [WTO Appellate Body, notableCase, United States – Import Prohibition of Certain Shrimp and Shrimp Products]
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A.
Subsidies and Countervailing Measures Code
The Subsidies and Countervailing Measures Code was a multilateral trade agreement under the GATT that set rules for the use of government subsidies and the application of countervailing duties to offset them.
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B.
United States Standards for Grades of Meat and Poultry
United States Standards for Grades of Meat and Poultry are official federal quality grading criteria that classify meat and poultry products based on factors like tenderness, juiciness, appearance, and yield to support fair trade and inform consumers.
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C.
United States Standards for Grades of Fruits and Vegetables
United States Standards for Grades of Fruits and Vegetables are federally established quality and condition criteria that classify produce into standardized grades to support fair marketing and consistent product quality.
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D.
WTO Agreement on Preshipment Inspection
The WTO Agreement on Preshipment Inspection is a World Trade Organization treaty that sets rules and disciplines for the use of preshipment inspection services to verify the quality, quantity, and price of traded goods before export.
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E.
TEFAP
TEFAP (The Emergency Food Assistance Program) is a U.S. federal initiative that provides USDA-purchased foods to low-income Americans through food banks, pantries, and community meal programs.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: United States – Import Prohibition of Certain Shrimp and Shrimp Products Target entity description: United States – Import Prohibition of Certain Shrimp and Shrimp Products is a landmark WTO dispute settlement case that clarified the relationship between trade rules and environmental protection, particularly regarding measures to protect endangered sea turtles.
-
A.
Subsidies and Countervailing Measures Code
The Subsidies and Countervailing Measures Code was a multilateral trade agreement under the GATT that set rules for the use of government subsidies and the application of countervailing duties to offset them.
-
B.
United States Standards for Grades of Meat and Poultry
United States Standards for Grades of Meat and Poultry are official federal quality grading criteria that classify meat and poultry products based on factors like tenderness, juiciness, appearance, and yield to support fair trade and inform consumers.
-
C.
United States Standards for Grades of Fruits and Vegetables
United States Standards for Grades of Fruits and Vegetables are federally established quality and condition criteria that classify produce into standardized grades to support fair marketing and consistent product quality.
-
D.
WTO Agreement on Preshipment Inspection
The WTO Agreement on Preshipment Inspection is a World Trade Organization treaty that sets rules and disciplines for the use of preshipment inspection services to verify the quality, quantity, and price of traded goods before export.
-
E.
TEFAP
TEFAP (The Emergency Food Assistance Program) is a U.S. federal initiative that provides USDA-purchased foods to low-income Americans through food banks, pantries, and community meal programs.
- F. None of above. chosen
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
WTO Appellate Body case
ⓘ
WTO dispute ⓘ trade and environment dispute ⓘ |
| agreementInvoked |
Marrakesh Agreement Establishing the World Trade Organization
ⓘ
surface form:
Agreement Establishing the WTO
General Agreement on Tariffs and Trade ⓘ
surface form:
GATT 1994
Dispute Settlement Understanding ⓘ
surface form:
Understanding on Rules and Procedures Governing the Settlement of Disputes
|
| appellateBodyFound |
US measure fell within the scope of Article XX(g) of GATT 1994
ⓘ
application of US measure constituted unjustifiable and arbitrary discrimination under the chapeau of Article XX ⓘ |
| appellateBodyReportAdopted | 1998 ⓘ |
| appellateBodyReportSymbol | WT/DS58/AB/R ⓘ |
| clarified |
conditions for using GATT Article XX environmental exceptions
ⓘ
need for flexibility and due process in environmental trade measures ⓘ prohibition of arbitrary and unjustifiable discrimination in applying environmental trade measures ⓘ relationship between trade rules and environmental protection under GATT Article XX ⓘ requirement of good faith efforts to negotiate international environmental agreements ⓘ |
| complainant |
India
ⓘ
Malaysia ⓘ Pakistan ⓘ Thailand ⓘ |
| environmentalObjective | protection of endangered sea turtles ⓘ |
| followUpProceeding |
United States – Import Prohibition of Certain Shrimp and Shrimp Products
self-linksurface differs
ⓘ
surface form:
United States – Import Prohibition of Certain Shrimp and Shrimp Products (Article 21.5 – Malaysia)
|
| followUpWTOdisputeNumber | DS58/RW ⓘ |
| GATTArticleInvoked |
Article I of GATT 1994
ⓘ
Article XI of GATT 1994 ⓘ Article XIII of GATT 1994 ⓘ Article XX of GATT 1994 ⓘ
surface form:
Article XX chapeau of GATT 1994
Article XX of GATT 1994 ⓘ Article XX of GATT 1994 ⓘ
surface form:
Article XX(g) of GATT 1994
|
| importance |
frequently cited precedent in subsequent WTO environmental disputes
ⓘ
landmark WTO case on trade and environment ⓘ |
| mainLegalIssue | compatibility of US import ban on certain shrimp and shrimp products with GATT 1994 ⓘ |
| measureChallenged | US import prohibition on certain shrimp and shrimp products caught without turtle excluder devices ⓘ |
| organizationInvolved | World Trade Organization ⓘ |
| panelEstablished | 1997 ⓘ |
| panelFound | US measure inconsistent with GATT 1994 ⓘ |
| panelReportCirculated | 1998 ⓘ |
| panelReportSymbol |
WT/DS58/AB/R
ⓘ
surface form:
WT/DS58/R
|
| policyArea |
environmental protection
ⓘ
international trade law ⓘ marine conservation ⓘ |
| protectedSpecies |
sea turtles listed under CITES Appendix I
ⓘ
sea turtles listed under CITES Appendix II ⓘ |
| relatedUSLaw | Section 609 of US Public Law 101-162 ⓘ |
| respondent |
United States of America
ⓘ
surface form:
United States
|
| shortName | US – Shrimp ⓘ |
| subjectMatter | import restrictions on shrimp and shrimp products based on fishing methods ⓘ |
| WTOBodyAdoptingReport | Dispute Settlement Body ⓘ |
| WTOdisputeNumber | DS58 ⓘ |
How these facts were elicited
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Subject: United States – Import Prohibition of Certain Shrimp and Shrimp Products Description of subject: United States – Import Prohibition of Certain Shrimp and Shrimp Products is a landmark WTO dispute settlement case that clarified the relationship between trade rules and environmental protection, particularly regarding measures to protect endangered sea turtles.
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.