Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

United States—Import Prohibition of Certain Shrimp and Shrimp Products (The Shrimp-Turtle Case)

Appellate Body of the World Trade Organization
WT/DS58/AB/R (Oct. 12, 1998)


In order to reduce sea-turtle deaths caused by shrimp trawling, the United States (defendant) created Turtle Excluder Devices (TEDs), which allowed turtles to safely exit shrimp-trawling nets, and mandated that all shrimp trawlers working off the southeastern U.S. coast use TEDs. Later, Congress passed Section 609, Pub. L. No. 101-162, which prohibited the importation of shrimp into the United States unless the exporting nation obtained certification by implementing a program comparable to the U.S. regulatory scheme addressing the incidental taking of sea turtles. The U.S. State Department only certified 14 named South American and Caribbean nations. Therefore, under Section 609, uncertified nations could not export shrimp to the United States even if they used TEDs. The 14 named nations were given three years to implement TEDs, while all others were given a four-month period. India, Malaysia, Pakistan, and Thailand (plaintiffs) requested that a World Trade Organization (WTO) panel address the issue of whether the U.S. shrimp embargos violated the General Agreement on Tariffs and Trade (GATT). The United States contended that the embargoes came within the GATT Article XX(g) exception, which provided that as long as the measures at issue did not arbitrarily or unjustifiably discriminate against other nations, a party could implement measures related to the conservation of “exhaustible natural resources.” The WTO panel rejected the Article XX(g) argument, and the United States appealed.

Rule of Law


Holding and Reasoning

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 509,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 509,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial