Recently, a World Trade Organization (WTO) dispute panel ruled that Washington's import ban on shrimp caught in a manner that allows the bycatch of endangered sea turtles breaches free trade rules. Last October, the Appellate Body within the dispute settlement mechanism of the WTO rejected a United States attempt to overturn this ruling. This decision caused mixed reactions among United States representatives and environmental groups: some see the report as furthering environmental concerns within the GATT jurisdiction, but many complain that the decision merely reflects the WTO's difficulty with environmental issues. This article critically analyzes the Appellate Body report, compares it to previous WTO dispute body decision and discusses the future implications of the Appellate Body's holdings.
Axel Bree, Article XX GATT - QUO VADIS? The Environmental Exception After The Shrimp/Turtle Appellate Body Report, 17 Penn St. Int'l L. Rev. 99 (1998).