@article{oai:oacis.repo.nii.ac.jp:00000013,
 author = {稲本, 守},
 journal = {人間科学研究},
 month = {Mar},
 note = {In 1989，the US enacted Section 609 of PL101-162 and banned the import of shrimp from countries in which shrimp trawling vessels were not equipped with Turtle Excluder Devices. Some of the Asian countries，seriously affected by the tradeban, brought the case to the WTO's Dispute Sett1ement Body. The WTO panel in 1998 ruled against the US and left the impression that the WTO placed economic merits over environmental values. This set off wor1d-wide protests by environmental NGOs against the WTO, criticizing it as an icon of globalization.
This article first analyses the WTO panel reports and clarifies that the panel never rejected the objectives of Section 609, but only criticized its unilateral, in flexible application. The position of the US on this matter was judged to be arbitrary and unjustifiable, because it failed to engage in serious negotiations with the concerned countries.
In 2001，the WTO panel，contrary to its earlier decision，recognized the US ban as legitimate. This time，the WTO considered positively the US's subsequent efforts to conclude a multilateral agreement for the protection of sea turtles.
Instead of emphasizing the legal interpretations derived from different conclusions，this article rather focuses on the coherent logic of the WTO panel reports，namely its position to induce multilateral settlements in international environmental disputes, and discusses how to address international environmental problems in the globalized world.},
 pages = {119--143},
 title = {エビ・ウミガメ紛争に関する一考察},
 volume = {10},
 year = {2013}
}