WWF requests your action
WWF has been working on the issue trade, environment and the WTO
since 1990. Our experience has shown that while we can prove there
is an urgent need for reforms to WTO rules and its dispute settlement
process, the WTO listens attentively to these arguments only when they
come directly from people and parliaments around the world. For this
reason we are asking you to send a message directly to the
Appellate Body of the WTO, which is hearing the appeal, and/or the
General Council of the WTO, which is the central decision-making body
of the WTO. A standard letter outlining the conservation and
environmental concerns, and requesting specific actions from the WTO
appears here.
Please send it to either the Appellate Body representative or the General Council representative. Please
take action via e-mail!
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Take Action!
WWF ACTION ALERT ON WTO SHRIMP-TURTLE DISPUTE
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On 6 April this year a World Trade Organization (WTO) Dispute Panel gave a legal ruling against a US
import ban on shrimps caught in nets which were not fitted with Turtle
Excluder Devices (TEDs). This ruling dealt a serious blow to efforts to
conserve critically endangered sea turtles, more than 100,000 of which
drown in shrimp nets every year. Turtle mortality from shrimp fishing has
been shown to be a critical factor in the steep declines in turtle
populations along the coasts of many countries, and on the high
seas. A single
shrimp net trawl can drown as many as 18 turtles at once.
Yet, these simple and inexpensive TEDs (costing as little as US$ 80 in
some cases) have proven to be extremely effective in preventing sea
turtles from drowning. The US requires all its shrimp boats to use TEDs
and sea trials have shown that TEDs reduce the incidental catch of
turtles to zero, or near zero, while actually increasing shrimp fishing
efficiency. They can and have been adapted to local conditions in some
countries (eg Malaysia), enhancing their efficiency and reducing the
cost.
Notwithstanding these conservation facts, the WTO ruled the US import
ban illegal, and requires that this trade restriction is removed, or the US
itself will face trade sanctions from the complainant countries (India,
Malaysia, Pakistan and Thailand). In making the ruling the WTO Dispute
Panel also overlooked the fact that these turtles are migratory species,
moving between the high seas and waters of different countries, and as
such a part of the common heritage of mankind. The WTO panel also
ignored the fact that these turtles are protected under international
conservation agreements, such as the Bonn Convention on Migratory
Wild Species, the Convention on Biological Diversity, and the Convention
on the International Trade in Endangered Species.
US Appeal and WWF amicus brief
On July 13 the US appealed against the original WTO Dispute Panel ruling
on the grounds that grave errors were made in the legal interpretation of
the exception clause (GATT Article XX) that exists in the WTO to allow
measures to be taken to protect the environment. The US also appealed
againts the panel's ruling that WTO Dispute Panel's cannot accept
unsolicited "friend of the court" (amicus curiae) briefs from
non-govermental organisations like WWF, that can bring new, relevant
legal or conservation information to the case.
Take Action!
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