May 15th, 1998

|
Leatherback turtle killed by trawler net in Thailand
|
GENEVA, Switzerland -- The World Trade Organization (WTO) urgently needs reform to correct its trade-environment imbalance or it must completely relinquish settlement of environment-related trade disputes to other international bodies, the conservation organization WWF said here today.
"At the 50th anniversary meeting, the WTO must kick-start environmental reform of this body, both for its own sake and the environment," said Charles Arden-Clarke, Head of WWF International's Trade and Investment Unit. "Four years of deadlock on these issues in the WTO's Committee on Trade and Environment has culminated in trade and environmental crisis over shrimps and turtles."
The Shrimp-Turtle dispute is arguably the most important environmental case ever before the WTO. It raises the critical issue of the extent to which nations can restrict importation of products whose production threatens endangered species and harms the global environment.
The dispute arose from a challenge by India, Pakistan, Malaysia and Thailand to United States trade measures designed to protect endangered sea turtles. Tens of thousands of highly migratory sea turtles are killed worldwide every year by shrimp nets fitted without "turtle excluder devices" (TEDs).
The dispute panel ruled against the US import restrictions, ignoring scientific and technical facts on the conservation of sea turtles. The panel failed to take account of the migratory nature of endangered sea turtles, and that sea turtles are part of the common heritage of humankind. This rejection of turtle conservation measures will push some critically endangered turtle species closer to extinction.
The final version of the report is to be submitted to the WTO's Dispute Settlement Body, and will be appealed by the United States.
"The WTO's Appellate Body must overturn the bizarre and narrow interpretation of its own environmental exceptions," said Mr Arden-Clarke . "If it does not, the WTO will be locked on a collision course with multilateral environmental agreements (MEAs), and other international environmental law."
In the longer term, the only viable solution may well be for the trade-related social and environmental issues to be heard in a more open and less partisan forum than the WTO.
"The proposals of President Clinton for an "Eminent Persons Group, and the EU Trade Commissioner Sir Leon Brittan's for a "high-level meeting on trade and environment," should be combined and must lead to early reforms of the WTO," said Mr. Arden-Clarke. "Those reforms will have to include the WTO formally relinquishing some of its jurisdiction on trade and environment issues to MEA secretariats, UNEP and other environmentally-qualified bodies."
Contact:
Charles Arden-Clarke at 079 326 8762
or Someshwar Singh at 079 310 8102