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12 Temp. Int'l & Comp. L.J. 423 (1998)
International Trade Trumps Domestic Environmental Protection: Dolphins and Sea Turtles Are Sacrificed on the Altar of Free Trade

handle is hein.journals/tclj12 and id is 435 raw text is: INTERNATIONAL TRADE TRUMPS DOMESTIC
For centuries, man has harvested fish from the world's oceans, for
both business and pleasure, with relentless fervor and a blatant dis-
regard for the incidental killing of marine mammals.2
Indeed, commercial fishermen who harvest the seas for profit invariably
kill millions of creatures, including sea birds, endangered sea turtles, dol-
phins, sea lions, whales, and other marine mammals through inefficient fish-
ing methods.' This plight in the world's oceans is at the heart of a common
and on-going debate between trade concerns versus environmental concerns
which has plagued U.S. legislation and the international community for
many years. In the past, trade and the environment have been treated as
separate concerns.' However, the increasing importance that the environ-
ment plays in the trade of goods calls for a more integrated approach.6 This
1. This phrase, sacrificed on the altar of free trade has been noted in several arti-
cles. See Bill Bryant, Global Trade Needn't Come at Expense of Environment, SEATTLE
POST-INTELLIGENCER, June 27, 1997, at A15; Patricia Forkan, Do Not Sacrifice Dolphins
on the Altar of Free Trade, THE PANTAGRAPH (Bloomington, IL), Apr. 28, 1997, at A9;
Mark J. Palmer, Stop 'Dolphin Death Act', USA TODAY, Dec. 27, 1996, at 12A.
2. Marc A. Yaggi, United States v. Hayashi: Taking Aim at the Marine Mammal Pro-
tection Act, 14 PACE ENvTL. L. REV. 409, 409 (1996). See generally United States v. Ha-
yashi, 22 F.3d 859 (9th Cir. 1994) (holding that defendant is not criminally liable under
Marine Mammal Protection Act for firing two rifle shots at dolphins while he was recrea-
tionally fishing for tuna).
3. See Joshua Reichert, Stop Wasteful Fishing and Save Marine Life, INT. HERALD
TRIB., Aug. 15, 1997, at 9.
4. Authorities acknowledge the emerging nexus between international trade and
the environment as it effects both the national and international communities. See gener-
FUTURE (1994) (discussing the need for environmental concerns in trade agreements);
OECD, THE ENVIRONMENTAL EFFECTS OF TRADE (1994) (providing a framework for
showing the interplay of trade and the environment in specific instances like the fishery
industry); John H. Jackson, World Trade Rules and Environmental Policies: Congruence or
Conflict in TRADE AND THE ENVIRONMENT 219 (Durwood Zaelke et al. eds., 1993) (pre-
senting differences between trade and environment); Paul Stanton Kibel, Justice For the
Sea Turtle: Marine Conservation and the Court of International Trade, 15 UCLA J. ENVTL.
L. & POL'y 57 (1996/1997) (examining case law involving U.S. trade laws protecting sea
turtles from shrimp harvesters).
5. See James A.R. Nafziger, Integrating International and U.S. Law: Environmental
and Related Problems: An Introduction, 21 VT. L. REV. 755 (1997). See also ESTY, supra
note 4, at 9.
6. See Nafziger, supra note 5, at 755. See also Kevin G. Hall, Mexican Environmen-

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