AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products

The document provides a legal and scientific defense of U.S. Section 609 measures, which prohibit shrimp imports from nations that do not require the use of turtle excluder devices (TEDs). It asserts that TEDs are the only effective means of preventing the extinction of endangered sea turtles caused by mechanized shrimp trawling. The brief argues that these measures are justified under GATT Article XX(g) as they relate to the conservation of exhaustible natural resources and are consistent with international obligations under CITES, UNCLOS, and the Convention on Biological Diversity. It further contends that the measures do not constitute arbitrary discrimination or disguised restrictions on trade, and advocates for the acceptance of amicus briefs in WTO disputes to ensure public participation in sustainable development.

• Sea turtle populations have declined dramatically, with all seven species threatened with extinction, largely due to mechanized shrimp trawling which is described as one of the "greatest anthropomorphic causes of sea turtle deaths."
• Turtle excluder devices (TEDs) are scientifically recognized as essential for the survival of endangered sea turtles because they protect large juveniles and adults, who are most critical to population growth and most often killed in shrimp trawls.
• Alternative conservation measures, such as "headstarting" (raising hatchlings in captivity) and tow-time restrictions, are deemed ineffective or unenforceable compared to TEDs.
• The U.S. Section 609 measures are argued to be consistent with GATT Article XX(g) because sea turtles are an "exhaustible natural resource" and the import restrictions are applied in conjunction with domestic requirements for TED use.
• The brief asserts that the U.S. measures align with several international legal frameworks, including CITES, UNCLOS, the FAO Code of Conduct for Responsible Fisheries, and the Convention on Biological Diversity, all of which mandate the protection of endangered marine species.
• The U.S. has attempted to avoid protectionist motives by transferring TED technology to approximately 30 countries through more than 50 workshops.
• The document argues that the WTO's standard of review should maintain "appropriate deference to national policy decisions" regarding environmental protection, especially when based on objective scientific determinations.
• The brief contends that the U.S. measures do not constitute a "disguised restriction on international trade" because their primary aim is environmental conservation, not protectionism.
• The authors argue that the WTO Dispute Settlement Understanding (DSU) permits and should encourage the acceptance of amicus briefs from civil society to support the objective of sustainable development.

APA

Center for International Environmental Law (1999). AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products. https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf

Chicago

Center for International Environmental Law. AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products. 1999. https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products |date=1999 |url=https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw1999amicus, author = {{Center for International Environmental Law}}, title = {{AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products}}, institution = {Center for International Environmental Law}, year = {1999}, url = {https://www.ciel.org/wp-content/uploads/2015/03/shrimpturtlebrief.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }