Wto Dispute Settlement Body Case
UNITED STATES - IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS WT/DS58
Complainants:India, Malaysia, Pakistan and Thailand Respondent:United States of America (USA) Third Parties:Australia, Nigeria, Ecuador, Hong Kong, China, European Communities (EC), Canada, Colombia, Costa Rica, el Salvador, Gautemala, Japan, Mexico, Phillipines, Senegal, Singapore, Sri Lanka, Venezuela. Measure at issue: US import prohibition of shrimp and shrimp products from non-certified countries (i.e. countries that had not used a TEDs for catching shrimp) Covered Provisions: Article I (General Most Favoured Nation Principle), GATT 1994 Article XI (General Elimination of Quantitative Restrictions), GATT 1994 Article XII (Non-discriminatory Administration of Quantitative Restrictions), GATT 1994 Article XX (General Exceptions), GATT 1994 Request for Consultation: - 08 October, 1996 Date of circulation of Panel Report: - 15 May, 1998 Date of circulation of Appellate Body Report: - 12 October, 1998
Facts giving rise to the dispute: The Endangered Species Act, 1973 provided that all the sea turtles occurring in US waters to be treated as endangered or threatened species. The act of 1973 prohibits the take of such endangered sea turtles within United States, US seas and high seas except as authorised. Pursuant to the Act of 1973, US issued regulations, in 1987, requiring all shrimp trawlers to use TEDs (Turtle Excluder Devices) and these regulations became fully effective in 1990. In 1989, US enacted Section 609 of Public Law, which provided for the negotiations pertaining to bilateral and multilateral agreements for protection and conservation of sea turtles, with foreign governments so engaged in such activities. Further a restriction was also imposed on any import affecting sea turtles after 1 May, 1991. In 1991, US issued guidelines for assessing comparability of foreign regulatory programmes with the US programme, whereby the commitment of using TEDs etc were kept in
Complainants:India, Malaysia, Pakistan and Thailand Respondent:United States of America (USA) Third Parties:Australia, Nigeria, Ecuador, Hong Kong, China, European Communities (EC), Canada, Colombia, Costa Rica, el Salvador, Gautemala, Japan, Mexico, Phillipines, Senegal, Singapore, Sri Lanka, Venezuela. Measure at issue: US import prohibition of shrimp and shrimp products from non-certified countries (i.e. countries that had not used a TEDs for catching shrimp) Covered Provisions: Article I (General Most Favoured Nation Principle), GATT 1994 Article XI (General Elimination of Quantitative Restrictions), GATT 1994 Article XII (Non-discriminatory Administration of Quantitative Restrictions), GATT 1994 Article XX (General Exceptions), GATT 1994 Request for Consultation: - 08 October, 1996 Date of circulation of Panel Report: - 15 May, 1998 Date of circulation of Appellate Body Report: - 12 October, 1998
Facts giving rise to the dispute: The Endangered Species Act, 1973 provided that all the sea turtles occurring in US waters to be treated as endangered or threatened species. The act of 1973 prohibits the take of such endangered sea turtles within United States, US seas and high seas except as authorised. Pursuant to the Act of 1973, US issued regulations, in 1987, requiring all shrimp trawlers to use TEDs (Turtle Excluder Devices) and these regulations became fully effective in 1990. In 1989, US enacted Section 609 of Public Law, which provided for the negotiations pertaining to bilateral and multilateral agreements for protection and conservation of sea turtles, with foreign governments so engaged in such activities. Further a restriction was also imposed on any import affecting sea turtles after 1 May, 1991. In 1991, US issued guidelines for assessing comparability of foreign regulatory programmes with the US programme, whereby the commitment of using TEDs etc were kept in