Already the infamous tuna-dolphin case
had brought the implications of globalization home to many Americans in ways that seemed quite different from restrictions on imports of steel or apparel.
Rather than enter into a protracted negotiation to amend the GATT articles in question in the tuna-dolphin case
, the GATT member governments could simply clarify their interpretation of the existing text.
Part IV analyzes how trade and the environment interplay within the WTO, paying particular attention to some recent GATT/WTO panel decisions: the Reformulated Gasoline Case and the Tuna-Dolphin Case.
The next section discusses the outcome of the Tuna-Dolphin case as it was adjudicated in the GATT.
See generally, Tuna-Dolphin Case, supra note 176, paras.
As such, the Tuna-Dolphin cases represent something of an ignominious starting point against which it is possible to judge subsequent WTO progress.
54) In the opinion of one commentator, the Tuna-Dolphin cases represent "GATT doctrinalism at its worst.
Perhaps the major redeeming feature of the Tuna-Dolphin cases is that WTO Members adopted neither decision, and thus neither decision is legally binding.
Much occurred in the interim period between the Tuna-Dolphin cases and Shrimp-Turtle.
Unlike the tuna-dolphin cases
decided at the General Agreement on Tariffs and Trade (GATT) in 1991 and again in 1994, a WTO (GATT's successor) decision is binding and cannot be blocked by the US (the US successfully blocked the GATT antidolphin ruling).