A WTO Panel held that unilateral US measures to protect sea turtles outside its territory, by regulating trade in shrimp and shrimp products, are incompatible with the General Agreement on Tariffs and Trade (GATT). The Panel's conclusions are based on the alleged overall negative impact of the widespread use of such measures on international trade. No due consideration would seem to have been given to the facts of the case, and the Panel's application of the Headnote Ad GATT Article XX would not seem to be generally satisfactory. The Panel does not address the issue of like products under Article HI of the GATT and the difficult relationship of this article with environmental measures based on production processes and methods (PPMs). The Panel expresses a firm belief in international environmental co-operation without giving carte blanche for such co-operation. It hints at a need for the better design of unilateral environmental measures in order to guarantee a more favourable GATT approach.
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