Chapter 15. Unilateral Environmental Measures After The Wto Appellate Body’S Shrimp-Turtle Decision

Abstract

This chapter deciphers the World Trade Organization (WTO) Appellate Body's report in the matter of United States—Import Prohibition of Certain Shrimp and Shrimp Products with reference to the central issue of Section 609's compatibility with General Agreement on Tariffs and Trade (GATT) Article XX. In its report of October 12, 1998, the Appellate Body disagreed with the Article XX analysis employed by the panel, and in so doing the Appellate Body set out its most comprehensive musings on the compatibility of unilateral environmental measures and the WTO Agreements, specifically GATT 1994. While the Appellate Body criticized the panel's analysis, ultimately it too determined that Section 609 was arbitrary and unjustifiable discrimination and therefore outside of permissible Article XX exceptions. In Shrimp-Turtle, the Appellate Body first explored the required interpretative approach established in Article XX. Keywords: Appellate Body; Article XX; General Agreement on Tariffs and Trade (GATT); Section 609; Shrimp-Turtle; unilateral environmental measures; World Trade Organization (WTO)