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Shrimp-Turtle Case
In 1994, the WTO intervened to address member concerns regarding the import of shrimp and its impact on turtles. This became known as the Shrimp and Turtle case. The ruling was adopted on November 6, 1998. However, Malaysia persisted in their complaint and initiated DSU Article 21.5 proceedings against the U.S. in 2001, but the U.S. prevailed in those hearings. Shrimp and Turtle case The environmental group from Oakland, California, Earthjustice sued the Environmental Protection Agency for a lack of oversight among US shrimp fishers and international fishermen. The Earth Island Institute filed a lawsuit against US Secretary of State Warren Christopher in federal court. The government successfully argued that jurisdiction for anything dealing with embargoes was under the purview of the United States Court of International Trade. The suit was based on Public Law 609:101-162, which was not an amendment to the Endangered Species Act although it is often said to be. Public Law 609 requ ...
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Shrimp
Shrimp are crustaceans (a form of shellfish) with elongated bodies and a primarily swimming mode of locomotion – most commonly Caridea and Dendrobranchiata of the decapod order, although some crustaceans outside of this order are referred to as "shrimp". More narrow definitions may be restricted to Caridea, to smaller species of either group or to only the marine species. Under a broader definition, ''shrimp'' may be synonymous with prawn, covering stalk-eyed swimming crustaceans with long, narrow muscular tails (abdomens), long whiskers ( antennae), and slender legs. Any small crustacean which resembles a shrimp tends to be called one. They swim forward by paddling with swimmerets on the underside of their abdomens, although their escape response is typically repeated flicks with the tail driving them backwards very quickly. Crabs and lobsters have strong walking legs, whereas shrimp have thin, fragile legs which they use primarily for perching.Rudloe & Rudloe (2009 ...
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Endangered Species Act
The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation"."Tennessee Valley Authority v. Hill"
437 U.S. 153 (1978) Retrieved 24 November 2015.
The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefo ...
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Extraterritoriality
In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places, such as the immunity granted to diplomatic missions, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and government, the persons and belongings of ambassadors and other diplomats, and ships in international waters. Forms In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction. As people move between borders, this led, in the framework of a territorial jurisdiction, to certain persons being under the laws of countries in w ...
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Dolphin Safe Label
Dolphin-safe labels are used to denote compliance with laws or policies designed to minimize dolphin fatalities during fishing for tuna destined for canning. Some labels impose stricter requirements than others. Dolphin-safe tuna labeling originates in the United States.An account of the dolphin-safe tuna issue in the UK
James Brown, 2004
The term Dolphin Friendly is often used in Europe, and has the same meaning, although, in , the standards for Dolphin Safe/Dolphin Friendly tuna is different than elsewhere. The labels have become increasingly controversial since their introduction, particularly among su ...
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Product/process Distinction
The product/process distinction is the distinction between the product information and the process information of a consumer good. Product information is information that pertains to a consumer good, namely to its price, quality, and safety (its proximate attributes). Process information is information that pertains to the means by which the consumer good is made i.e. the working conditions under which it comes into being, as well as the treatment of animals involved in its production chain (its peripheral attributes). The product/process distinction is used by the World Trade Organization (WTO) as a way to determine whether or not a complaint filed by an importing nation is valid and warrants trade barriers against the exporting nation. Under WTO rules, an importing nation can lodge a complaint with the WTO that the exporting nation uses methods for obtaining or producing the good in question that the importing nation finds to be immoral or unethical. If the independent World Tra ...
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United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate. The agency is led by its administrator, who is appointed by the president and approved by the Senate. The current administrator is Michael S. Regan. The EPA is not a Cabinet department, but the administrator is normally given cabinet rank. The EPA has its headquarters in Washington, D.C., regional offices for each of the agency's ten regions and 27 laboratories. The agency conducts environmental assessment, research, and education. It has the responsibility of maintaining and enforcing national standards under a variety of environmental laws, in consultation with state, tr ...
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Court Of International Trade
The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercises broad jurisdiction over most trade-related matters, and is permitted to hear and decide cases anywhere in the country, as well as abroad. The court originated with the Customs Administrative Act of 1890, which established the Board of General Appraisers as a quasi-judicial entity of the U.S. Treasury Department tasked with hearing disputes primarily concerning tariffs and import duties.Patrick C. Reed, The Origins and Creation of the Board of General Appraisers'' pp. 92-92. In 1926, Congress replaced the Board with the United States Customs Court, an administrative tribunal with greater judicial functions, which in 1930 was made independent of the Treasury Department. In 1956, the U.S. Customs Court was reconstituted by Congress as an A ...
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Turtle Excluder Device
A turtle excluder device (TED) is a specialized device that allows a captured sea turtle to escape when caught in a fisherman's net. In particular, sea turtles can be caught when bottom trawling is used by the commercial shrimp fishing industry. In order to catch shrimp, a fine meshed trawl net is needed. This results in large amounts of other marine organisms being also caught as bycatch. When a turtle gets caught or entangled in a trawl net, it becomes trapped and is unable to return to the surface. Since sea turtles are air-breathing animals with lungs, they cannot survive long underwater without surfacing and will eventually drown. History The first TED, was based on a device called the jellyball shooter, that is used to removed cannonball jellyfish from shrimp trawl. TEDs were later developed in the 1970s by Wil Seidel, who worked for NOAA. Some resistance to the use of TEDs has arisen from the belief that the use of the devices actually causes fishermen to lose shrim ...
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Endangered Sea Turtles
Worldwide, hundreds of thousands of sea turtles a year are accidentally caught in shrimp trawl nets, on longline hooks and in fishing gill-nets. Sea turtles need to reach the surface to breathe, and therefore many drown once caught. Loggerhead and hawksbill turtles are particularly vulnerable. Nearly all species of sea turtle are classified as Endangered. They are killed for their eggs, meat, skin and shells. They also face habitat destruction. Climate change has an impact on turtle nesting sites. As fishing activity expands, this threat is more of a problem. Endangered Species Act The Endangered Species Act of 1973 (ESA; 16 U.S.C. § 1531 et seq.) is one of the dozens of US environmental laws passed in the 1970s, and serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Designed to protect critically imperiled species from extinction, it was signed into law by Pre ...
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United States Court Of International Trade
The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercises broad jurisdiction over most trade-related matters, and is permitted to hear and decide cases anywhere in the country, as well as abroad. The court originated with the Customs Administrative Act of 1890, which established the Board of General Appraisers as a quasi-judicial entity of the U.S. Treasury Department tasked with hearing disputes primarily concerning tariffs and import duties.Patrick C. Reed, The Origins and Creation of the Board of General Appraisers'' pp. 92-92. In 1926, Congress replaced the Board with the United States Customs Court, an administrative tribunal with greater judicial functions, which in 1930 was made independent of the Treasury Department. In 1956, the U.S. Customs Court was reconstituted by Congress as an A ...
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Turtle
Turtles are an order of reptiles known as Testudines, characterized by a special shell developed mainly from their ribs. Modern turtles are divided into two major groups, the Pleurodira (side necked turtles) and Cryptodira (hidden necked turtles), which differ in the way the head retracts. There are 360 living and recently extinct species of turtles, including land-dwelling tortoises and freshwater terrapins. They are found on most continents, some islands and, in the case of sea turtles, much of the ocean. Like other amniotes (reptiles, birds, and mammals) they breathe air and do not lay eggs underwater, although many species live in or around water. Turtle shells are made mostly of bone; the upper part is the domed carapace, while the underside is the flatter plastron or belly-plate. Its outer surface is covered in scales made of keratin, the material of hair, horns, and claws. The carapace bones develop from ribs that grow sideways and develop into broad flat plates th ...
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Warren Christopher
Warren Minor Christopher (October 27, 1925March 18, 2011) was an American lawyer, diplomat and politician. During Bill Clinton's first term as president, he served as the 63rd United States Secretary of State. Born in Scranton, North Dakota, Christopher clerked for Supreme Court Justice William O. Douglas after graduating from Stanford Law School. He became a partner in the firm of O'Melveny & Myers and served as Deputy Attorney General from 1967 to 1969 under President Lyndon B. Johnson. He served as Deputy Secretary of State under President Jimmy Carter, holding that position from 1977 to 1981. In 1991, he chaired the Christopher Commission, which investigated the Los Angeles Police Department in the wake of the Rodney King incident. During the 1992 presidential election, Christopher headed Bill Clinton's search for a running mate, and Clinton chose Senator Al Gore. After Clinton won the 1992 election, Christopher led the Clinton administration's transition process, and h ...
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