WTO case DS 58.pptVIP

Shrimp/Turtle WTO case DS 58 United States Vs. India, Malaysia, Pakistan, and Thailand Background Not Your Typical Day At Sea Environmental effects Lingering Problem The Effects The issue… US Conservation Policy Turtle Excluder Devices Section 609 Sea turtles are a Shared global resource 6 0f 7 species are covered under CITES Convention as threatened or endangered US Shrimp Market Americans consume 900 million lbs of shrimp annually Shrimp is #1 fresh and frozen seafood in US The shrimp industry accounts for $10 bil in US consumer spending 2/3 of this industry derives from imported shrimp US shrimp embargo 1989 US starts negotiations with other countries to start sea turtle protection policies Non-certified countries imports of shrimp are banned 1996 US NGO Earth Island Institute files class action suit against DOS DOC for narrow interpretation US embargoed shrimp from trading partners to protect sea turtles Varying timetables for compliance with US regulations Previous WTO experience with production process (PPM) with Tuna/Dolphin case Shrimp Turtle WTO Case Complainants Malaysia India Pakistan Thailand GATT Article XI and GATT Article XX Section 609 of Endangered Species Act (ESA) CASE TIMELINE Oct 8th 1996: 4 nations (India, Malaysia, Pakistan Thailand) jointly have consultations with the U.S. Nov 19th 1996: Consultations held without resolution Jan 9th – Feb 25th 1997: India, Malaysia, Pakistan Thailand request DSB to establish a panel to look into the US embargo on importation of shrimp shrimp products. April 15th 1997: DSB establishes 3 member panel June 17th – 19th 1997 ; Sept 15th – 16th 1997: Panel meets with parties concerned April 6th 1998: Panel issues final report ruling July 13rd 1998: US appeals against the panel’s ruling Oct 1998: Appellate Body gives its final report Arguments by Plaintiff nations… Embargo of shrimp and shrimp products was against the MFN principle of Art 1.1 GATT Ban imposed by the US was inconsisten