The Turtles panel: another environmental disaster in Geneva

Article Abstract:

The Turtles panel report has addressed the GATT-legality of an environmental trade embargo under the new World Trade Organization (WTO) system. The new system involves the automatic adoption of panel reports in dispute settlements, subject to a right of appeal to the Appellate Body of the WTO. The Turtles case involves a US embargo on shrimps imported from countries which do not have regulations comparable to that of the US to minimize incidental deaths of endangered species of sea turtles. The panel has concluded that measures which disrupt the competitive relationship among the products of the members of the GATT undermine the multilateral trading system and, therefore, constitutes "unjustified discrimination."

Administration of General Economic Programs, Trade Regulations NEC, Analysis, International aspects, Endangered species

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The evolving relationship between trade and environmental regulation

Article Abstract:

The GATT has come under criticism from environmentalists for putting industry and trade matters higher than environmental concerns. The GATT has no regulations nor means of enforcing the existing domestic environmental laws of member nations. A nation may control, extract and assemble its resources into finished products without GATT interference. Environmental restrictions on the import of such products can be executed if they are proven to be non-discriminatory. However, an inconsistent or discriminatory tariff based on environmental concerns will conflict with existing GATT rules.

Environmental aspects

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Litigation process under the GATT dispute settlement system: lessons for the World Trade Organization?

Article Abstract:

A review of the dispute settlement procedures used for GATT suggests issues that will need to be addressed when creating a litigation process for the World Trade Organization (WTO). The GATT settlement process invoked some national law and only dealt with undisputed facts. This will not be possible for the WTO, which is likely to be dealing with less concrete issues, such as intellectual property and technology transfer. For this reason, procedural issues and rules of evidence will need to be very clearly spelled out in the WTO dispute resolution procedures.

Cases, Laws, regulations and rules, International trade, World Trade Organization

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