• Ocean policy research
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• v.33 no.2
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• pp.1-23
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• 2018

The import control provision of US MSA (Magnuson-Stevens Fishery Conservation and Management Act) IUU fishing is similar to that of MMPA (The Marine Mammal Protection Act of 1972 as Amended) which caused US-Tuna(1991) case. This paper examines whether MSA's import control provision can be found to be inconsistent with WTO agreement. There is no doubt that MSA violates the Article XI:1 of the GATT 1994. The only remaining issue is whether US IUU fishing product measure is justified by the Article XX(g) and its Chapeau. However, Article XX(g) provides for a limited and conditional exception from obligations under other provisions. This paper concludes that the US MSA measure can not be justified under Article XX.