United States – Import Prohibition of Certain Shrimp and Shrimp Products

E353360

United States – Import Prohibition of Certain Shrimp and Shrimp Products is a landmark WTO dispute settlement case that clarified the relationship between trade rules and environmental protection, particularly regarding measures to protect endangered sea turtles.

All labels observed (2)

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf WTO Appellate Body case ⓘ
WTO dispute ⓘ
trade and environment dispute ⓘ
agreementInvoked Agreement Establishing the WTO ⓘ
GATT 1994 ⓘ
Understanding on Rules and Procedures Governing the Settlement of Disputes ⓘ
appellateBodyFound US measure fell within the scope of Article XX(g) of GATT 1994 ⓘ
application of US measure constituted unjustifiable and arbitrary discrimination under the chapeau of Article XX ⓘ
appellateBodyReportAdopted 1998 ⓘ
appellateBodyReportSymbol WT/DS58/AB/R ⓘ
clarified conditions for using GATT Article XX environmental exceptions ⓘ
need for flexibility and due process in environmental trade measures ⓘ
prohibition of arbitrary and unjustifiable discrimination in applying environmental trade measures ⓘ
relationship between trade rules and environmental protection under GATT Article XX ⓘ
requirement of good faith efforts to negotiate international environmental agreements ⓘ
complainant India ⓘ
Malaysia ⓘ
Pakistan ⓘ
Thailand ⓘ
environmentalObjective protection of endangered sea turtles ⓘ
followUpProceeding United States – Import Prohibition of Certain Shrimp and Shrimp Products (Article 21.5 – Malaysia) ⓘ
followUpWTOdisputeNumber DS58/RW ⓘ
GATTArticleInvoked Article I of GATT 1994 ⓘ
Article XI of GATT 1994 ⓘ
Article XIII of GATT 1994 ⓘ
Article XX chapeau of GATT 1994 ⓘ
Article XX of GATT 1994 ⓘ
Article XX(g) of GATT 1994 ⓘ
importance frequently cited precedent in subsequent WTO environmental disputes ⓘ
landmark WTO case on trade and environment ⓘ
mainLegalIssue compatibility of US import ban on certain shrimp and shrimp products with GATT 1994 ⓘ
measureChallenged US import prohibition on certain shrimp and shrimp products caught without turtle excluder devices ⓘ
organizationInvolved World Trade Organization ⓘ
panelEstablished 1997 ⓘ
panelFound US measure inconsistent with GATT 1994 ⓘ
panelReportCirculated 1998 ⓘ
panelReportSymbol WT/DS58/R ⓘ
linked to: WT/DS58/AB/R
policyArea environmental protection ⓘ
international trade law ⓘ
marine conservation ⓘ
protectedSpecies sea turtles listed under CITES Appendix I ⓘ
sea turtles listed under CITES Appendix II ⓘ
relatedUSLaw Section 609 of US Public Law 101-162 ⓘ
respondent United States ⓘ
shortName US – Shrimp ⓘ
subjectMatter import restrictions on shrimp and shrimp products based on fishing methods ⓘ
WTOBodyAdoptingReport Dispute Settlement Body ⓘ
WTOdisputeNumber DS58 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

WTO Appellate Body → notableCase → United States – Import Prohibition of Certain Shrimp and Shrimp Products ⓘ
United States – Import Prohibition of Certain Shrimp and Shrimp Products → followUpProceeding → United States – Import Prohibition of Certain Shrimp and Shrimp Products (Article 21.5 – Malaysia) ⓘ
linked to: United States – Import Prohibition of Certain Shrimp and Shrimp Products