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.

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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

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

WTO Appellate Body notableCase United States – Import Prohibition of Certain Shrimp and Shrimp Products
United States – Import Prohibition of Certain Shrimp and Shrimp Products followUpProceeding United States – Import Prohibition of Certain Shrimp and Shrimp Products self-linksurface differs
this entity surface form: United States – Import Prohibition of Certain Shrimp and Shrimp Products (Article 21.5 – Malaysia)