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Complying With The Wto Shrimp-Turtle Decision

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Chapter Summary

This chapter addresses the problems the U.S. continues to encounter as it attempts to achieve a balance between trade liberalization and environmental protection in the context of the recent Shrimp-Turtle Appellate Body decision and the outcome of the cases brought by Earth Island Institute challenging the United States' (U.S.) implementation of the U.S. legislation enacted to protect the sea turtles. It addresses the decisions of the World Trade Organization's (WTO) panel and Appellate Body, including the arguments of the parties regarding the scope of Article XX of the General Agreement on Tariffs and Trade (GATT) and its exceptions, and the acceptability of the ban imposed unilaterally by the U.S. The chapter examines the changes in U.S. law following the WTO decision and the several Court of International Trade (CIT) holdings and analyzes whether the U.S. will be able to comply with the WTO and the CIT.

Keywords: Court of International Trade (CIT); Earth Island Institute; environmental protection; General Agreement on Tariffs and Trade; Shrimp-Turtle Appellate Body decision; trade liberalization; U.S. legislation; World Trade Organization's (WTO's)



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