Sunday, June 8, 2014

The Shrimp Turtle Case case brief summary

The Shrimp Turtle Case case brief summary (38 International Legal Materials 118, 1999)

Facts: The U.S. imposed an import ban on shrimp harvested in ways that could damage sea turtles.

India, Pakistan, and Thailand challenged U.S.'s policy before a panel established under the WTO's (World Trade Org) Dispute Settlement Understanding, arguing that it violated the General Agreement on Tariffs and Trade (GATT 1994).

The panel found that the policy violated Article XI(1) of the 1994 General Agreement on Tariffs and Trade, which prohibits quantitative barriers to trade, and was not justified under the exceptions of Article XX of that agreement.

U.S. Appealed that decision, arguing that the panel had "erred in finding that the measure at issue constitutes unjustifiable discrimination between countries where the same conditions prevail and thus is not within the scope of measures permitted under Art XX of GATT 1994.

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