The WTO Panel Decision on the U.S. Shrimp Embargo: Another Ruling Against U.S. Enforcement of Species Protection in Trade

Abstract

The survival of sea turtles is becoming more and more threatened as a result of the nets of the world's shrimping industry. In response to this threat, Congress placed an embargo on imports of shrimp caught without the use of turtle-safe technology. Recently, a World Trade Organization panel held that the U.S. embargo on shrimp imports violates the General Agreement on Tariffs and Trade. As a result of this decision, the U.S. may choose to adhere to its shrimp embargo and pay economic penalties, yield to the World Trade Organization and repeal the embargo, or attempt to solve the problem diplomatically by actively negotiating bilateral or multilateral agreements among the countries involved in its shrimp trade. Regardless of what option is taken, the future of the sea turtle appears grim. Sea turtles migrate throughout the world and the existence of these creatures cannot be ensured without worldwide cooperation.