A Need for Compliance: The Shrimp Turtle Case and the Conflict Between the WTO and the United States Court of International Trade

Abstract

The shrimp/turtle conflict waged in the World Trade Organization and the Court of International Trade represents a recent example of the failure of the United States to comply with a respected, multilateral body opinion. The Court of International Trade’s refusal to apply the Charming Betsy principle in this and several other past cases involving World Trade Organization Panel or Appellate Body opinions is one of the largest impediments to U.S. compliance. This Comment explores the shrimp/turtle cases in depth and suggests alternative measures that the Court of International Trade should have taken to allow for compliance with the World Trade Organization Appellate Body decision.