Did Article XX permit the United States to impose environmental restrictions on shrimp importers? Sea turtles are

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Did Article XX permit the United States to impose environmental restrictions on shrimp importers?

Sea turtles are migratory animals that live throughout the world. The United States recognizes the animals as an endangered species. Studies showed that the greatest threat to the turtles, around the world, came from shrimp fishermen inadvertently catching the animals in their nets. The federal government responded by requiring any importers to certify that shrimp had been caught using Turtle Excluder Devices (TEDs), which keep the animals out of the nets. India, Pakistan, Malaysia, and Thailand filed complaints with the WTO, claiming that the United States had no right to impose its environmental concerns on world trade. The United States argued that Article XX of the WTO Agreement permitted trade restrictions based on environmental concerns. Article XX states in part:
Nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures:
(b) Necessary to protect human, animal or plant life or health;
(g) Relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
The Dispute Settlement Body declared that the United States had no right to impose its policies on shrimp importers, and the United States appealed.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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