Environmental Related Disputes On Gatt / Wto

1243 Words Jan 4th, 2016 5 Pages
III. Environmental-related disputes in GATT/WTO
Until now, there are nine disputes in GATT/WTO related environment or health protection concerning Article XX . In particular, six panel proceedings under GATT including US – Canadian Tuna , Canada – Salmon and Herring , Thailand – Cigarettes , US – Tuna (Mexico) , US – Tuna (EEC) and US -Automobiles were completed, however, of the six reports, the last three cases were not adopted by GATT Contracting Parties until WTO Dispute Settlement took over and completed these proceedings since 1995 . The three completed disputes under WTO are US – Gasoline , US – Shrimp and EC – Asbestos .
This part will present typical disputes and analyse the different interpretations of Article XX(b) and (g) under GATT from The Panel and The Appellate in two cases namely US – Tuna (Tuna - Dolphin) and US – Shrimp (Shrimp - Turtle).
1. The Tuna – Dolphin Controversy
• Main facts
In the Eastern Tropical Pacific Ocean (ETP), tuna schools are identified by tracking dolphins, the species are commonly known to swim above tunas, and harvested by using large "purse seine" nets which leads to dolphins mortality accidentally trapped with tunas . The US Marine Mammal Protection Act (MMPA) of 1972 forbade the importation of yellowfin tuna harvested with large purse-seine nets (primary nation embargo) in the ETP except when the harvesting country was recognized by the competent US authorities to have an equivalent programme of taking tuna to that of the US…
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