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Does Freer Trade Mean Lower Environmental Standards?

The Tuna-Dolphin Dispute

From Nathan Johnson, for About.com

In 1991, the U.S. imposed trade restrictions on Mexico and several other countries because of their excessive byproduct dolphin kill by tuna fishermen, levels above those allowed by the U.S. Marine Mammal Protection Act of 1972. Mexico and its allies appealed to a GATT dispute settlement panel, claiming unfair trade practices. The U.S. cited Article 20 as justification for its ban, which provides for exceptions "necessary to protect human, animal, or plant life or health" (GATT, Article XX (b)). The GATT panel upheld Mexico's challenge, saying that the United States' embargo violated the GATT's non-discrimination policy among member nations, as the Mexican process of tuna fishing did not result in a differentiated product from other exporters. It found that the embargo was not "necessary," as the U.S. had claimed, to protecting "human, animal, or plant life or health," and also that the U.S. had not exhausted other less trade-restrictive remedies. Failure of the necessity test suggested that there were other options the U.S. had overlooked in solving the tuna-dolphin problem.

In 1990, three major U.S. canneries announced that they would only sell tuna that was caught with dolphin safe methods. Labeling their products as dolphin safe became a way to differentiate the product by the process, by appealing to consumers desires to purchase dolphin safe tuna. Then in 1992, 10 countries (including the U.S. and Mexico) adopted the La Jolla agreement, which established an international limit on dolphin mortality rates among tuna fishers. From 1989 to 1993, dolphin deaths declined from nearly 100,000 to 3,600 (Christopher, Mexico's Marine Conservation Efforts. Dispatch, May 1, 1994, pg. 19), an impressive drop made possible through international negotiations.

On the other side of the issue, free-traders like Paul Krugman argue that there is little reason to insist on global environmental standards, as doing so could diminish the gains from trade. Krugman correctly notes that, "international trade is really just a production technique, a way to produce importables indirectly by first producing exportables, then exchanging them". He then goes on to add, that "it does not matter from the point of view of the national gains from trade whether other countries have different relative prices because they have different resources, different technologies or different environmental standards. All that matters is that they be different then we can gain from trading with them." (Krugman). While theoretically correct, Krugman's argument carries the implicit assumption that the U.S. is a rational actor whose sole aim is maximizing national gains from trade. In the real world, this assumption is not plausible. We know from experience that for whatever reasons, many Americans do have an (apparently economically "irrational") interest in preserving the Amazon or protecting endangered species in China. In this era of globalization, the benefits of liberalization must be carefully weighed with the environmental costs, in an effort to produce a socially optimal equilibrium. Krugman is accurate in saying that uniform harmonization of environmental standards is inappropriate, as different countries have different pollution problems and varying valuations of environmental damage. However, something must be done to ensure that trade liberalization is accompanied by appropriate environmental policy.

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