To protect endangered sea turtle populations from further decline by reducing their incidental mortality in commercial shrimp trawling, U.S. commercial shrimp trawlers are required to use Turtle Excluder Devices (TEDs) approved in accordance with standards established by the U.S. National Marine Fisheries Service. In 1989, the U.S. Congress enacted Section 609 of Public Law 101-162, under which the Department of State was to certify whether nations that export shrimp to the United States had adopted programs to reduce the incidental capture of sea turtles in their shrimp fisheries that were comparable to the program in effect in the United States.
1. The United States had to change its original regulation regarding the preservation of turtles. How does this compare to the treatment given to France's law on asbestos? Do nations have more discretion in discriminating to protect human health within their borders than animal species around the world?
2. What changes to the rules made them acceptable "discrimination"?
3. Can a large market such as the United States change environmental policy throughout the world using measures like this? Why? Is it antidemocratic to have the United States impose its policies on other nations through its bargaining power?