Justice for the sea turtle: marine conservation and the Court of International Trade

On April 10, 1996, the United States Court of International Trade (CIT) issued a landmark decision in Earth Island Institute v. Christopher. In this case, the CIT ordered the U.S. State, Commerce, and Treasury Departments to block the importation of shrimp from all nations that had not adopted adequ...

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Bibliographic Details
Published in:UCLA journal of environmental law & policy 1997-06, Vol.15 (1), p.57-82
Main Author: Kibel, Paul Stanton
Format: Article
Language:English
Subjects:
Protection and preservation
Sea turtles
Online Access:Get full text
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Summary:On April 10, 1996, the United States Court of International Trade (CIT) issued a landmark decision in Earth Island Institute v. Christopher. In this case, the CIT ordered the U.S. State, Commerce, and Treasury Departments to block the importation of shrimp from all nations that had not adopted adequate policies to protect sea turtles. Worldwide, over one hundred thousand sea turtles are killed each year as a result of shrimp-harvesting operations: the turtles drown trying to escape the shrimp nets. The CIT based its ruling on an interpretation of a 1989 amendment to the federal Endangered Species Act (ESA), 609. Seccision provided an important clarification of the U.S. Supreme Court's 1992 decision in Lujan v. Defenders of Wildlife. More specifically, it found that the Lujan decision was not a significant obstacle for environmental plaintiffs seeking review of U.S. government actions, so long as the remedy sought was likely to further or protect the plaintiffs' specific interests. Third, the CIT decision is significant for the arguments and legal principles that the court chose to reject. Most noteworthy was the CIT's rejection of the agencies' inadequate time and resources defense, and its conclusion that the shrimp certification program did not compromise U.S. international trade obligations. This article will explore the origins and likely implications of the CIT's ruling in Earth Island. First, it will examine the threat posed to sea turtles by international shrimp fishing practices, and the U.S. Congressional response to this threat. Next, it will summarize the history and outcome of the Earth Island decision. Finally, the article will discuss the emerging conflict between 609 and the rules of international trade, in particular the rules established under the General Agreement on Tariffs and Trade.
ISSN:0733-401X