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World Trade
Organization

WT/DS58/R
(15 May 1998
(98-1710)

United States - Import Prohibition of Certain Shrimp and Shrimp Products

Report of the Panel


The report of the Panel on United States - Import prohibition of certain shrimp and shrimp products is being circulated to Members, pursuant to the DSU. The report is being circulated as an unrestricted document from [27 April 1998] pursuant to the Procedures for the Circulation and Derestriction of WTO Documents (WT/L/160/Rev.1). Members are reminded that in accordance with the DSU only parties to the dispute may appeal a panel report, an appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel, and that there shall be no ex parte communications with the panel or Appellate Body concerning matters under consideration by the panel or Appellate Body.

Note by the Secretariat: This Panel Report shall be adopted by the Dispute Settlement Body (DSB) within 60 days after the date of its circulation unless a party to the dispute decides to appeal or the DSB decides by consensus not to adopt the report. If the Panel Report is appealed to the Appellate Body, it shall not be considered for adoption by the DSB until after the completion of the appeal. Information on the current status of the Panel Report is available from the WTO Secretariat.


TABLE OF CONTENTS

I. INTRODUCTION

II. FACTUAL ASPECTS

    1. Basic Facts About Sea Turtles
    2. The US Endangered Species Act (ESA) and Related Legislation

III. MAIN ARGUMENTS

    A. GENERAL
    B. CONSERVATION AND MANAGEMENT OF SEA TURTLES

      1. Sea Turtle Conservation
      2. Whether Sea Turtles Are a Shared Global Resource
      3. Role of Shrimp Trawl Fishing in Sea Turtle Extinction
      4. Use of TEDs
      5. International Environmental Agreements and the Use of TEDs
      6. Transfer of TEDs Technology
      7. Scope and purpose of Section 609
    C. TRADE IMPACT
    D. COMMUNICATIONS RECEIVED FROM NGOs
    E. LEGAL ARGUMENTS
      1. Articles I, XI and XIII of GATT
      2. Article XX of GATT
        (a) Preliminary observations
        (b) Jurisdictional application of Article XX(b) and (g)
          (i) Text of Article XX
          (ii) Drafting History of Article XX
        (c) Article XX(b)
          (i) Policy purpose of the measure
          (ii) "Necessary ..."
        (d) Article XX(g)
          (i) Policy to conserve exhaustible natural resources
          (ii) "Related to ..."
          (iii) "In conjunction with ..."
        (e) Chapeau of Article XX
      3. Article XXIII:1(a)

IV. ARGUMENTS PRESENTED BY THIRD PARTIES

    1. Australia
    2. Ecuador
    3. El Salvador
    4. European Communities
    5. Guatemala
    6. Hong Kong
    7. Japan
    8. Nigeria
    9. Philippines
    10. Singapore
    11. Venezuela

V. PANEL'S CONSULTATION WITH SCIENTIFIC EXPERTS

    A. INTRODUCTION
    B. QUESTIONS BY THE PANEL AND VIEWS OF THE SCIENTIFIC EXPERTS
    C. COMMENTS BY THE PARTIES
      1. Comments by India
      2. Comments by Malaysia
      3. Comments by Pakistan
      4. Comments by Thailand
      5. Comments by the United States

VI. INTERIM REVIEW

VII. FINDINGS

    A. INTRODUCTION
    B. RULINGS MADE BY THE PANEL IN THE COURSE OF THE PROCEEDINGS
    C. VIOLATION OF ARTICLE XI:1 OF GATT 1994
    D. VIOLATION OF ARTICLE XIII:1 AND OF ARTICLE I:1 OF GATT 1994
    E. ARTICLE XX OF GATT 1994
      1. Preliminary remarks
      2. Chapeau of Article XX
      3. Article XX(b) and (g)

    F. ARTICLE XXIII:1(a) OF GATT 1994

VIII. CONCLUSIONS

IX. CONCLUDING REMARKS

ANNEX I

ANNEX II

    Appendix 1
    Appendix 2

ANNEX III

ANNEX IV

    Appendix 1
    Appendix 2

To Continue With Introduction