Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Unilateral Environmental Measures After The Wto Appellate Body'S Shrimp-Turtle Decision

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter deciphers the World Trade Organization (WTO) Appellate Body's report in the matter of United States—Import Prohibition of Certain Shrimp and Shrimp Products with reference to the central issue of Section 609's compatibility with General Agreement on Tariffs and Trade (GATT) Article XX. In its report of October 12, 1998, the Appellate Body disagreed with the Article XX analysis employed by the panel, and in so doing the Appellate Body set out its most comprehensive musings on the compatibility of unilateral environmental measures and the WTO Agreements, specifically GATT 1994. While the Appellate Body criticized the panel's analysis, ultimately it too determined that Section 609 was arbitrary and unjustifiable discrimination and therefore outside of permissible Article XX exceptions. In Shrimp-Turtle, the Appellate Body first explored the required interpretative approach established in Article XX.

Keywords: Appellate Body; Article XX; General Agreement on Tariffs and Trade (GATT); Section 609; Shrimp-Turtle; unilateral environmental measures; World Trade Organization (WTO)



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Reconciling Environment and Trade — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation