- Collection:
- Dean Rusk International Law Center Collections
- Title:
- Are Tuna and Dolphins the Same? A Rule of Reason Approach to Resolve the Trade and Environment Conflict
- Creator:
- Paruthipattu, Anantha K
- Date of Original:
- 1997-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
International law - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- dissertations
- Type:
- Text
- Format:
- application/pdf
- Description:
- Tuna-Dolphin Case -- General Agreement on Tariffs and Trade -- GATT -- World Trade Organization -- WTO -- Rule of Reason -- United States’ Shrimp Ban -- Multilateral Environmental Agreements -- MEAs -- Free trade -- Protectionism -- Article XX of the GATT -- Global Environmental Organization -- GEO -- World Environmental Organization -- WEO -- General Agreement on the Environment -- GATE -- Committee on Trade and Environment -- CTE -- European Court of Justice -- Reformulated Gasoline case -- Shrimp and sea-turtles controversy -- US shrimp embargo -- Eastern Tropical Pacific Ocean -- ETP -- Marine Mammal Protection Act -- MMPA -- Article XI of the GATT -- Article XIII of the GATT -- National treatment obligation -- Article 32(b) of the Draft Charter of the International Trade Organization -- ITO -- EEC -- Corporate Average Fuel Economy Standard -- CAFE -- Gas Guzzler Tax -- Regulation of Fuels and Fuel Additives-Standards for Reformulated and Conventional Gasoline -- Gasoline Rule -- Clean Air Act of 1990 -- Schoenbaum -- Process and Production Methods -- PPMs -- Belgian Family Allowances case -- Technical Barriers to Trade -- TBT -- Standards Code -- Agreement on the Application of Sanitary and Phytosanitary Measures -- SPS Agreement -- Polluter Pays Principle -- Japan Shochu case -- Unilateralism -- Gasoline Standards case -- Baseline Establishment Rule -- Sherman Antitrust Act -- Dassonville case -- Single European Act in 1987 -- Article 36 of the EU Treaty -- Cassis de Dijon case -- Waste Oils case -- Danish Bottles case -- Verloren Van Themaat -- Arbitrary discrimination -- Italy v. Commission -- Buy Irish case -- Rewe-Zentralfinanz v. LandwirtschaftsKammer -- Conegate Ltd. v. Commissioners of Customs and Excise -- Commission v. United Kingdom -- German Meat Preparation case -- Commission v. Federal Republic of Germany -- Dormant Clause Power -- Dean Milk Co. v. City of Madison -- Hunt v. Washington State Apple Advertising Commission -- Pike v. Bruce Church -- Minnesota v. Clover Leaf Creamery Co. -- Fort Gratiot Sanitary Landfill Inc. v. Michigan Department of Natural Resources -- Chemical Waste Management Inc. v. Hunt -- Hughes v. Oklahoma -- US Court of International Trade -- CIT -- US Endangered Species Act -- ESA -- Turtle law -- Like Product Issue -- Disguised Restriction -- Antitrust and Trade Regulation -- Comparative and Foreign Law -- Environmental Law -- International Law -- International Trade Law -- Law -- Law and economics -- Legislation -- Transnational Law
Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban was inconsistent with the GATT. This ruling prompted attacks on the GATT from the environmental community, an unexpected front who had a “catalogue of grievances” against free trade. A large body of literature has emerged subsequent to the tuna-dolphin controversy, which attempts to reconcile the goals of free trade and those of environmentalists. Recognizing the practical difficulty of making an international agreement on environment, the WTO member states created the Committee on Trade and Environment. However, the CTE’s actions are slow. This paper argues that a more realistic and efficient approach is to use a “panel-created” doctrine that balances the interests of trade and environment, and that this doctrine should be a rule of reason approach. This paper will examine the jurisprudence of the United States and the European Union to show that they have created a rule of reason approach to balance the contending goals of trade and environment. The issues raised by the more recent US shrimp embargo will also be addressed and analyzed under the suggested rule of reason analysis. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/200
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
