Trinidad’s legislative efforts can be compared with the US on this topic of real world
enforcement. Trinidad has not enforced their legislation on an international scale, but the US has
through the well known Shrimp-Turtle Case.57 A suit was brought against the US stating their
policy that shrimp trawling boats must have TEDs (turtle excluder devices) in order to export
shrimp to the United States was discriminatory. Section 609 of Public Law 101-162 prohibited
importation to the US of shrimp harvested with commercial fishing technology that may
adversely affect sea turtles. It also provided an exception for shrimp imported from states
certified thereunder. The relevant portion of this exception, applicable where sea turtles are
otherwise threatened, permits certification if the exporting state adopts a regulatory program
governing the incidental taking of sea turtles comparable to that of the US and with average
incidental taking rate comparable to US vessels.
The appellate court found that policy
requirements for the same product would rapidly lead to the end of the WTO multilateral trading
system. And, the US measure at issue constitutes unjustifiable discrimination between countries
where the same conditions prevail and thus is not within the scope of measures permitted under
Article XX of the GATT 1994. This case is very relevant because it provides an example of
when environmental legislation and trade legislation conflict, the ultimate direction chosen by
the Courts. It also provides an example for a country that is committed to upholding their
environmental legislation even though it may be detrimental to trading relations.
Trinidad and Tobago has expanded its environmental legislation by enacting the Environmental
Management Act and joining international treaties and conventions. One of its more noteworthy
contributions is creating the Environmental Commission, the first solely environmental court in
the Caribbean. The problem Trinidad is facing is one that is faced by most developing nations,
the reality of sustainable development. The economic goals of a nation, the human and social
development are extremely important. Natural resources are needed in order to gain financial
prosperity and a promising future.
The fate of the endangered leatherback turtle is only
important until it compromises the economic climate. This was very clearly illustrated in the
Shrimp-Turtle case.
Trade legislation was deemed much more vital in the international
57
United States v India, Malaysia, Pakistan, Thailand (1998) WTO Appellate Body (Shrimp‐Turtle Case)
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