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This research paper analyzes a 1991 General Agreements on Tariffs and Trade (GATT) dispute resolution panel decision regarding a U.S. embargo on Mexican tuna. The panel found that the U.S. Marine Mammal Protection Act (MMPA) violated GATT by imposing quantitative restrictions on imports. The authors examine the legal conflict between international trade rules and environmental protections, arguing that the decision limits the ability of nations to enforce environmental standards on imported products unless those standards affect the physical makeup of the product or its sale.

This research paper critiques a utilitarian (Millsian) approach to the intersection of international trade and environmental protection, arguing instead for a Kantian framework. The author contends that environmental imperatives—such as species preservation—are categorical duties that should not be balanced against economic benefits. The paper proposes a model of "competitive sustainability" to harmonize environmental standards upward through market incentives and trade rule reforms.