Shrimp/turtle: untangling the nets

The Appellate Body's decision in the Shrimp/Turtle case has important political, systemic and procedural implications for the WTO and its dispute settlement system. From a political perspective this decision satisfies a public relations objective - reducing the distrust of the WTO which exists in the environmental community. This task is accomplished without seriously compromising the trade rights guaranteed under the WTO Agreement. From the systemic and procedural perspective, this decision clarifies certain points concerning the legal requirements of a notice of appeal and the right of non-members to make submissions to panels. However, the decision also raises questions concerning the scope of the Appellate Body's review powers, the manner in which GATT Article XX(g) and chapeau should be interpreted, the authority of the Appellate Body to consider non-member submissions, and possible inadequacies in the Dispute Settlement Understanding. [PUBLICATION ABSTRACT]