Question
Country A bans the import of lobster from countries on a so-called 'X list'. The X list comprises countries which country A considers not to
Country A bans the import of lobster from countries on a so-called 'X list'. The X list comprises countries which country A considers not to meet its 'sustainable' lobster management' criteria (SLMC). Country A prohibits the sale of lobster internally within Country A from lobster farms not managed in accordance with the SLMC. Assume there is no international treaty regulating lobsters and that Country A has advocated such a treaty but to no avail. Also assume that the SLMC are far more stringent than any existing international standards and that they have been strongly supported by both environmental non-government organizations but also by country A's lobster industry as a way of excluding competition. Country B is a developing country on the X list wishing to export its lobster into country A. Country B argues that country A's sustainable lobster criteria are an excuse for trade protectionism and has sought negotiations with country A on the issue without success. Required: a. Can country B challenge country A's trade measures under the WTO rules?
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