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The Shrimp-Turtle Case

World Trade Organization, Report of the Appellate Body

WT/DS58/AB/R (1998)

Relevant factsFree

The United States (defendant) required domestic shrimpers to use turtle-safe equipment and banned importing shrimp caught without similar devices, including banning shrimp from countries lacking equivalent national restrictions even if the specific shrimp were caught with compliant equipment, using only an informal, non-transparent certification process with no uniform standards. Malaysia, Thailand, Pakistan, and India (plaintiffs) challenged the ban before the WTO; a panel found it violated GATT, and the U.S. appealed to the Appellate Body.

IssueFree

Whether WTO members may adopt environmental-protection trade measures under GATT Article XX, and whether the U.S. shrimp-import ban's application constituted arbitrary or unjustifiable discrimination against other members.

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