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This Comment will explore the legal relationship between GATT and United States environmental legislation, employing the 1992 Driftnet Fisheries Act as an analytic focus.

Part I analyzes the 1991 GAIT panel decision, with special attention given to those GATT provisions which were found inconsistent with the MMPA. Part II discusses the international and domestic response to the panel decision. Part III summarizes the 1992 Driftnet Fisheries Act, focusing on the reasons for its adoption and the trade sanctions it contains. Part IV reveals potential inconsistencies between the 1991 GATT panel decision and the Driftnet Fisheries Act. Part V addresses the likely consequences of these inconsistencies. Part VI considers strategies for resolving the conflict between environmentally-based trade embargoes, such as those required under the Driftnet Fisheries Act, and international free trade obligations under GATT.


First published in the Willamette Bulletin of International Law & Policy, now the Willamette Journal of International Law and Dispute Resolution. Posted with permission.