The World Trade Organization is responsible for administering the rules of the international trade system and for resolving trade disputes that may arise between its member countries. The WTO's mandate and influence is expanding beyond its original purpose as a trade organization. Due to interlocking relationships between trade and other issues, including environmental protection, WTO activities now have more extensive ramifications. Therefore, the manner and outcome of WTO trade dispute resolution is important, not only to international trade, but also to sustainable development.

The most recent trade dispute to raise concerns about the WTO's role in sustainable development issues was the high-profile Shrimp-Turtle dispute. This dispute arose over a US law designed to protect endangered sea turtles. Each year, thousands of sea turtles are killed in shrimp trawl nets. To protect these endangered species, the US passed a law to require nations catching wild shrimp and exporting them to the United States to be certified as having adopted specific conservation measures. These measures require shrimp trawls to be equipped with "turtle-excluder devices" (TEDs), attachments that enable turtles to exit unharmed from nets.

The US measure was challenged at the WTO by India, Malaysia, Pakistan and Thailand. These countries argued that the law was an illegal restriction on their shrimp exports and thus contravened WTO obligations. In response, the United States argued that their measure was covered by Article XX of the GATT, exempting WTO members from their trade obligations in order to protect human, animal and plant life (Art.XX(b)) or conserve natural resources (Art.XX (g)) when deemed necessary.

In the course of the dispute settlement proceedings, CIEL and partner NGOs including the Center for Marine Conservation, submitted an amicus curiae (friend of the court) brief to the WTO. Its purpose was twofold:

1. to provide the WTO with scientific information about the plight of endangered sea turtles and;
   
2. to provide legal arguments supporting the interpretation of WTO rules in light of international environmental law principles for sustainable development.

In addition to introducing principles of international environmental law into the dispute, the brief highlighted the need for civil society participation in the WTO dispute settlement system.

The WTO dispute settlement panel rejected the amicus brief, denying civil society the right to participate in WTO dispute settlement proceedings. The panel also struck down the US measure on the grounds that it was not covered by the environmental exceptions in Article XX, and that the measure thus presented an arbitrary and unjustifiable restriction to international trade.

In early 1998, the United States appealed the panel's decision. CIEL submitted a second amicus brief, this time on behalf of seven partner NGOs from around the world. The WTO Appellate Body upheld the panels' decision to overturn the US measure. But the decision yielded a victory for civil society participation in the WTO: the Appellate Body accepted the CIEL brief and overturned the Panel's ruling that submissions by civil society could not be considered. The decision thus marks a significant step forward in increasing openness and transparency at the WTO.

CIEL Amicus Curiae Brief to the WTO Dispute Settlement Panel (September 16, 1997)

Download a complete version of the Shrimp - Turtle Brief in PDF format (you will need Adobe Acrobat Reader to view this file, which can be obtained for free at www.adobe.com)

CIEL Press Release at Submission of Amicus Curiae Brief: International Groups Urge Trade Body to Protect Sea Turtles and Allow Public Participation (September 16, 1997)

CIEL Statement: NGO Developments in the WTO Shrimp-Turtle Case (September, 1997)

Statement on WTO "Shrimp/Turtle" Ruling Against the United States

WTO Dispute Settlement Panel Report on the Shrimp-Turtle Dispute:
United States - Import prohibition of certain shrimp and shrimp products http://www.wto.org/wto/dispute/distab.htm