Coding TED Cases: Documentation
This document describes the TED coding
format in detail and provides an example of a coded document.
Also
see the actual cases for examples.
THE TED CODING SCHEME
A. IDENTIFICATION The identification categories provide some introductory and basic information about the case. This includes an abstract of the case issue, a full description of the case and its history, a listing of related literature on the subject, a cross-reference of related cases in TED, and the name of the draft author of the case study. 1. The Issue This category provides a short description or abstract of the case and it particular relevance to trade and environment. It includes reference to the actors involved, the species and product(s) in question and the most current status of the case. 2. Description This is a descriptive report detailing the how, when, and why of the case and lays out the key issues, parties, and events that are relevant to understanding the basis for the case. The description covers the key four clusters and their attributes as well as discuss the real or perceived impacts. It includes many of the items discussed below and where there is categorical information that relates to the description. These other categories provide reference for some information that may be detailed in other categories. 3. Related Cases This category suggests some related cases, but the best source of relevant literature is the TED software. This category includes a cross-reference to related cases by using TED key words found in Appendix C. For example, if the environmental problem is species loss and the animal is a bird, then BIRD (a TED software searchable key word), would be a useful cross-reference. This would allow one to identify other case where the issue involved trade in birds. Similarly, if the forum for the case was the European Community (EC), then other EC cases could be identified. Using the software, it would then be possible to identify and examine only the EC or BIRD cases through the filters. Related Cases (1): _________________________ (2): _________________________ (3): _________________________ Key words (1): _________________________ (2): _________________________ (3): _________________________ 4. Draft Author The category names the draft author of the case study. B. LEGAL Cluster There are several categories that constitute the legal cluster, attributes pertaining to the legal standing in the case. First, the discourse and status of the case is described, followed by the forum and scope, the breadth of the decision, and the legal standing of the case. 5. Discourse and Status The general discourse in a case can be either one of agreement (a negotiated treaty) or disagreement (a legal proceeding), although in the world there are certainly many in-between areas. The type tells something about the degree of consensus around a subject indicating that little is actually known about the problem or that alternative approaches to a solution exist. The type of discourse also reveals something about where rules do and do not exist. A simple indicator of the stage of a case towards resolution -- that is towards a treaty or a decision -- can be created by setting a general scale reflecting the legal status of a case. The scale will range from an allegation to a case in progress to a completed case reflecting a linear process. Agree [AGR] or Disagree [DIS] :_______________________ Stage (ALLEGE, INPROG, or COMP): :_______________________ 6. Forum and Scope The category identifies the forum to which the case applies. Most forums are also related to domestic law which enacts international agreements. It also includes any related legislation or regulation. The category also identifies the forum using a four-step ordinal basis for dimensionalization: (4) multi-national organizations, such as the United Nations, the GATT, or the parties to the CITES; (3) for regional organizations such as the European Community or the Organization of African states; (2) bi-lateral organizations involved such as the U.S.-Canada Fisheries Commission and the U.S.-Mexican Boundary Water Agreement; and (1) uni-lateral or national organizations involved such as the U.S. Congress or the federal government of Germany. Forum : _________________________ Scope (UNILAT, BILAT, REGION, and MULTI) : ___________________ 7. Decision Breadth The number of parties involved in a case says something about the nature of the case itself and this category is dimensionalized by the number of members potentially impact (legally) by the case. The continuum here will be the number of sovereign states involved in the case, with a low of one and a maximum of all the countries in the world. For example, the agreement in Rio on limiting carbon dioxide emissions was signed by 175 countries. The GATT tuna/dolphin case could potentially impact all 100 members, actually involved about a dozen countries, but in the end was a case only between Mexico and the United States. Numbers of Parties Affected: _________________________ 8. Legal Standing The legal standing of the case can exist on several differing dimensions and levels. Some legal agreement may be in the form of TREATY, other in national LAW, while still other may be laws or regulations that are not at the country level but of a locale, state, province or other unit below the country level (SUBLAW). The legal standing may in fact have nothing to do with governments and may be a non-governmental agreement (NGO) involving businesses or non-profit organizations. Non-legal measures might include agreements for compensation, such as in the Merck agreement with BIO of Costa Rica. Custom applies to understandings that do not have the support of law. Official Memorandums of Understanding (MOU) between nations will be considered as an international treaty. Standing: Treaty, Law, Sublaw, or NGO:___________________ C. GEOGRAPHIC Filters There are three types of geographic filters. The dimension her is a geographic representation of the continent, region, and specific country at issue in the case. First, the biological domain, conflict site, and area of regulatory impact are shown. Second, the presence of sub-national factors is indicated. Finally, the type of bio-geographic area where the conflict occurs is described. 9. Geography The site of where trade and environment linkages exist reveals the complexity and cross-border characteristics of these cases. As an example, the "Salmon and Herring" dispute between Canada and the United States (see SALMON case) will be used to describe differing geographic dimensions relevant to the case. For example, the United States complained about Canada's requirement that fish caught legally in Canadian waters be landed and registered on Canadian soil before it could be exported abroad. Canada argued that the requirement was a response to over-fishing of the area, although not by American ships. During the salmon's migratory travels it passes through these waters where large fleets of trawlers, many from East Asian countries, await. Using modern fishing techniques and large scale netting practices, so many salmon are being caught that the numbers eventually returning to the inland rivers of North America to spawn are severely depleted. This is a direct economic resource loss to the North Americans since 90 percent of the migration path is in Canadian or American (or both) territory. The United States countered that effective management need not require landing in Canada and the net effect of the regulation was a boom for trans- shipment industries in Canada and an implicit advantage to Canadian fishermen who were then re-exporting the product just south of the border in places like Washington state. The geographic dimensions in a case differ across several realms, depending on the viewpoint. One viewpoint is from the species or habitat at risk. The geographic species domain of this salmon covers the Northern Pacific region, including the inland rivers of both Canada and the United States, the exclusive economic zones (EEZs) of Canada and the United States, and international ocean waters outside Canadian and American EEZs. This domain is identified by the continental group: North America, South America, Asia, the Middle East, and Europe. A second viewpoint is where the actual conflict between trade and the environment is taking place. The geographic conflict site pinpoints where confrontation between trade and the environment is occurring. In this instance, the site is in ocean waters inside the EEZ of Canada. This category shows a locale within the continental grouping above, usually indicated by either a south, west, north, or east part of the area. However, there are special regions that are included, such as Amazonia, the Sahara, the Andes, or Siberia. The geographic impact area contrasts with the pinpointing of the site by covering the areas that are affected by legal instruments. Since this concerns law related to Canada, then this would be the area of impact. The case may effect other countries who demand or supply these products or even other substitutable products. This choice is limited to a particular country where the laws will or could take place. a. Continental Domain (Europe, North America, South America, Africa, Asia, Polar, Global): _________________________ b. Geographic Site : _________________________ Each continent has a North, South, East and West sector and are broken down on this basis. Additional landmark areas include Siberia, the Andes mountains, the Amazon jungle and the Sahara desert. c. Geographic Impact : _________________________ (List country) 10. Sub-National Factors Sometimes the legal measure in the case has a level of standing below national law. In these cases, the appropriate sub- country level of jurisdiction is indicated. This might include the Ontario Beer dispute (see ONTARIO case), where the United States imposed retaliatory tariffs on Canadian beer, but only that from the province of Ontario. Likewise, the Dutch ban on imports of tropical hardwoods (see DUTCHWD case) was actually a locally- enacted ban that was in contradistinction to the governments, and the EC's, general policy. The case involving plastic disposal in a locale in Italy (case #6), also pitted a community against the EC. SUB-STATE : ________________ [YES or NO] 11. Type of Habitat The type of habitat is selected from the following list of climate types according to Koeppin, which I have amended (see Table B-1). In addition to Koeppin's five land types, I have added a sixth group for the oceans and seas. The habitat is the location of the biological extent of the species or bio-geographic area in question, as identified in the geography cluster. HABITAT TYPE: ________________________ (1) HABITAT: TROPICAL RAINY FOREST AND SAVANNA [TROP] KEY PRODUCTS: Mostly timber cut from virgin forests. Raw Wood Semi-Processed Wood Products (Paper and Pulp) Processed Wood Products (Furniture and Toys) EXAMPLES: Amazon, Central America and Africa, SouthEast Asia. (2) HABITAT: TEMPERATE forest and plains KEY PRODUCTS: Mostly softwoods. Raw Wood Semi-Processed Wood Products (Paper and Pulp) Processed Wood Products (Furniture and Toys) Exotic Animals and Birds EXAMPLES: Southeast U.S., Argentina, south China, Western Europe. (3) HABITAT: DRY STEPPES AND DESERTS [DRY] KEY PRODUCTS: Specialties (fragrances and aromatics). Sandalwood Creosote Joshua Trees EXAMPLES: Southwest US, Australia, Sahara, Kalahari. (4) HABITAT: SNOW FORESTS [COOL] KEY PRODUCTS: Logging, animal harvesting. Beaver Pelts Reindeer Hides sand Meats Raw Wood Semi-Processed Wood Products (Paper and Pulp) Processed Wood Products (Furniture and Toys) EXAMPLES: Siberia, Northern Canada and Alaska, Lapland. (5) HABITAT: TUNDRA AND ICE CAPS [POLAR] KEY PRODUCTS: Semi-aquatic mammals. Seal Skins Walrus Ivory EXAMPLE: Antarctica, Greenland. (6) OCEAN: OCEANS, SEAS, ESTUARIES AND SHELVES [OCEAN] KEY PRODUCTS: Mollusks, mammals, seaweed, coral reefs. Seafood products. Coral reef crafts Lime Pet Fish and Fish Tank Decorations EXAMPLES: Chesapeake Bay, Persian Gulf, the Indian Ocean, the Great Barrier Reef, Caribbean reefs, the Black Sea. IV. TRADE Filters There are a good many types of TRADE filters. This includes the type of legal measure involved with the trade of the item, the direct versus indirect impacts, the relation of the trade measure to the resource impact, the identification of the trade product, economic impacts of the trade, the sector to which the trade product belongs, and the leading exporters and importers in the case issue. 12. Type of Measure The category identifies the trade or regulatory measure used to institute the change in social behavior. The decision in a case, when applicable, will be listed as one of the following types of measures: 1. Import ban [IMBAN], 2. Export ban [EXBAN], 3. Quota [QUOTA], 4. Subsidy [SUBSIDY], 5. Tariffs and taxes [IMTAX], 6. Import standards [IMSTD], 7. Licensing [LICEN], 8. Orderly marketing agreement [OMA], 9. Countervailing duty/anti-dumping duty [CVDAD], 10. Regulatory standard [REGSTD], 11. Regulatory ban [REGBAN], 12. Intellectual property [IPROP], 13. Administration [ADMIN], or 14. Not applicable [NAPP]. A short description of the implementation of the measure is provided. If there is more than one measure at work, and this is not uncommon, this is specified. Type of Measure: _________________________ 13. Direct vs. Indirect Impacts This field differentiates between cases where the impact on trade is (a) direct [such as bans on tuna in the GATT dolphin case] or (b) indirect [such as the Danish recycling regulation]. Both direct and indirect impacts are considered because the magnitudes of impact in indirect actions can nevertheless be substantial both for the environment and for trade. They are, however, often different in how the impact occurs. The GATT Tuna-Dolphin dispute (see TUNA case), is said to be direct because it would by itself substantially change the practices by which concomitant dolphin kills occur. The Danish Beer Bottle re-cycling dispute (see DANBR case), is said to be indirect because the case applied to environmental law, which in turn had trade impacts. It is evident from this construct that the assumption is that often trade measures are direct impacts while environmental regulations are indirect. This is because trade measures are applied "at-the- border" while environmental regulations are applied "inside-the- border." Impact Direct [DIR] or Indirect [IND]: ______________ 14. Relation of Measure to Impact A slightly different specification would relate the trade measure to the resource impact to determine the type of link that is made between trade and the environment. The dolphin/tuna case provides several examples. The trade measure in question was related to the treatment of tuna imports, which were in fact banned. At the same time, legislation also existed that banned the import of dolphin as well, although this law was not in question. At the same, the ban was extended to related products, such as shrimp, that reflected some economic and some political associations. Finally, the particular measure was not directed at the treatment of the dolphin as a product itself, but how in the process of catching tuna the dolphin were being killed. Obviously the measures can affect the resource in more than one way. Using the above example, indicate for each of the below categories first whether these factors are evident in the case [YES or NO] and if "yes" describe the environmental entity being related to the economic product. How the category relates to a product or problem is also indicated in parentheses, with the relevant identifier mnemonic. a. Directly Related to Product : _________________________ b. Indirectly Related to Product : _________________________ c. Not Related to Product : _________________________ d. Related to Process : _________________________ 15. Trade Product Identification This category describes the product or products, including whether it is a raw, intermediate or final product type. The product can also be concorded to the Harmonized Tariff System schedule to discover trade values. Once a match with categories is found (and this may even be a certain percentage of some basket category) then total flows as well as leading exporters and importers can be identified. This item would be developed in tandem with some type of automated data delivery system as well as consultations with individuals from U.S. Department of Commerce and the Office of the U.S. Trade Representative. The reporting group should in theory constitute a core group of exporters and importers of the products in question. Product Type : _________________________ 16. Economic Data To the extent possible associated data and statistics on other economic indicators such as employment, output, and financial indicators are included. This information will probably be diverse but will help in relating the trade to the larger economy. In this way only can the actual impacts be determined. The breadth of these industrial categories can of course vary widely. Feel free to add other indicators. The SIC from the industry can be discovered or company profiles of an industry can be obtained from Dun and Bradstreet. Studies citing economic estimates of impact would also be included. In some cases, very little information about the economic characteristics of the resource in question will be known. Industry Output ($) :_________________________ Employment :_________________________ 17. Degree of Competitive Impact In what sense do trade and the environment relate in an operational sense? The question is really one of valuation, say some. The price of a good includes a variety of costs which may include the cost of implementing a certain type of environmental regulation. For example, if the seller of wood is required to replant a tree for every one cut, then the cost of that new planting will of course be passed on to the consumer. Thus, one can conceptualize protecting the environment as a price-effect and probably a conceptual kin to various non-tariff barriers (NTBs) since few environmental-related trade measures use the tariff. One way then is to take the viewpoint of the trade analyst (largely economist) in seeing how the environment relates to trade. The problem is that these barriers are notoriously difficult to quantify. In some cases where the impact is difficult to determine, the degree of impact is indicated only as LOW, MEDIUM, and HIGH. There are three basic approaches to investigating NTBs which utilize a number of foci for analysis. The first is the analysis of the economic consequences of NTBs. These analyses, usually taking a microeconomic approach, focus on the impacts of NTBs on demand and supply curves, prices and quantities of imports, and attributable welfare losses. Dinopolous and Kreinin, for example, examined the effects of the U.S.-Japan Voluntary Export Restraint (VER) agreement on autos. They estimated the cost per job saved in the U.S. automobile industry at about $180,000 per job. A second approach is to examine the trade coverage of NTBs. These analyses attempt to describe the trade coverage constituted by NTBs, the frequency and characteristics of the NTBs, and country/product breakdowns for the NTBs. One example of this approach is the work of Carol and Bela Balassa who tabulated major trade barriers erected by developed countries. From this tabulation, the authors described the scope of trade covered by barriers and trends in that coverage. Deardorff and Stern also use coverage as a measure of protection, "adjusted by endogenous tariff-equivalent variables to reduce, by that fraction, the sensitivity of imports to tariff and other changes." The third approach pursues the quantitative valuation of NTBs, most often expressed in terms of the ad valorem tariff equivalent (AVTE) of the barrier. Edward Leamer notes that coverage ratios "are suggestive of the severity of nontariff barriers, but not all nontariff barriers can be measured, and not all barriers are equally restrictive." Leamer analyzed the differences between measures for "predicted" and "actual" trade flows and attributed the difference to NTBs, thereby allowing the measurement of their impact. Cases will often involve measures to distort trade flows by restriction. Cases will also involve the use of promotion, via subsidies, as another means of altering behavior that attempts to achieve the same result. These two types of distortions can be called "defensive" and "offensive" protection, respectively. Cost ($) : _________________________ Coverage (%) : _________________________ Price Effect (%) : _________________________ Competitive Effect (%) : _________________________ 18. Industry Sector Using the basic structure of the Standard Industrial Code (SIC), this category identifies which sector to which this particular products belongs. Categories in the Standard Industrial Code (SIC) Mining (M) Metal [METAL] Coal [COAL] Oil and Gas [OILGAS] Stone and Earth Minerals [STONE] Utilities [UTIL] Other [MOTH] Durable Manufacturing (D) Lumber and Products [WOOD] Furniture and Fixtures [FURN] Primary Metals [PRIMET] Fabricated Metal Products [FABMET] Non-electrical Machinery [NEMACH] Electrical Machinery [EMACH] Other (DOTH] Non-Durable Manufacturing (N) Foods [FOOD] Tobacco [TOBAC] Textiles and Apparel [TEXT] Paper and Products [PAPER] Printing and Publishing [PRINT] Chemicals [CHEM] Petroleum [PETROL] Rubber and Plastics [PLAST] Leather [LEATH] Other [NOTH] Services (S) Tourism [TOUR] Other [SOTH] 19. Exporter and Importer This category identifies the exporter in question as well as the importer. Based on the trade product identification from earlier, relevant data on bi-lateral or global trade trends are given. For comparison, world exporters and importers of the product are included in the write-up. Case Exporter : _________________________ Case Importer : _________________________ Leading Exporters (US $): _________________________ Leading Importers (US $): _________________________ V. ENVIRONMENT Clusters There are five ENVIRONMENT attributes in this cluster. This includes the type of environmental problem, the name and number of species involved (scientific names are included where possible), the degree of resource impact, the urgency of the problem, and the substitutes that have been suggested to solve or ameliorate the problem. 20. Environmental Problem Type This field would divide the cases into six categories that may not be mutually exclusive. The first three groups belong to a subset of resource concentration problems, the second to a subset called resource depletion problems. The types of problems are divided into three categories: source, sink, and global problems. Choose the most important, but alos discuss other imapcts. Environmental Problem Type:_________________________ Types of Source and Sink Problems SOURCE PROBLEMS Habitat Deforestation [DEFOR] General [HABIT] Coral Loss [CORAL] Bio-diversity Loss [BIODIV] Species Loss Land [SPLL] Air [SPLA] Sea [SPLS] SINK PROBLEMS Pollution Air [POLA] Land [POLL] Sea [POLS] Waste (list product) Air [POLA] Land [POLL] Sea [POLS] GLOBAL PROBLEMS Global Problems Global Warming [GWARM] Ozone Loss [OZONE] These are general categories that allow for a comparison of which types of problems are occurring with the most frequency. One could also chart how the importance of these types of problems has tracked over time. 21. Species Information The cases may reflect concern over the health of one or more species of plant or animal and the number in concern can be identified for each case. A narrow interpretation of species will be used. Most cases are fairly simple, when relevant, and involve one species, usually fairly narrowly defined such as the spotted owl, the eastern Pacific dolphin, or the snail darter. In other cases, several species may be included under a more general class of animal. For example, the CITES ban on wildlife from Thailand applies to a wide variety of species and sub-species. Cases can also be large-scale problems which threaten a multitude of species. For example, oil spills might threaten hundreds of species and global climate change would probably threaten millions. Habitat use cases can have substantial impact. For example, the Colorado River salinity case probably had substantial impact on many species that live in the river and in the Gulf of California. Likewise the Finnish arsenic dumping case (where the proposed site was in the middle of the South Atlantic) would have probably threatened species that we are only now discovering on the bottom of the ocean floor. When the case relates to a habitat rather than to a particular species, a measure for the degree of bio-diversity in species type for the region should be provided. Also, any data on species endemism (uniqueness to area) should also be included. For sources on this consult, for example, E.O. Wilson (Ed.), Bio-Diversity. For data on diveristy, consult the annual World Resources, World Resources, Appendix Tables. The IUCN status categories are explained below. IUCN Status Categories EXTINCT: Species not definitely lcoated in the wild during the past 50 yeaers (criterion used by CITES). ENDANGered: Taxa in danger of extinction and who survival is unlikely if the causal factors continue operating. Included are taxa whose numbers have been reduced to a criticial level or whose inhabitatns have been so drastically reduced that they are deemed to be in immediate danger of extinction. VULNERable: Taxa believed likely to move into the Endangered category in the near future if the caausal factors continue operating. Included are taxa of which most or all the populations are decreasing becdause of over-expolitation, extensive destruction of habitat or other environmental disturbance, taxa with popualtions that have been seriusly depleted and whose ultimate security has not yet been assured; and taxa with populations that are still abundant but are under severe threat from severee adverse factors throughout their range. RARE: Taxa with small world populations that are not present Endangered or Vulnerable, but are at risk. You will find information in World Resources, World Resources Institute annual report on bi-diversity. (Tables in the back.) MAtrch the species with the species shown for levels. User "Higer Plants" for habitat problems. For ocean cases, there is another table that shows levels of seas stocks by ocean area. Name of Species : _________________________ Type: : _________________________ Diversity: : _________________________ IUCN Status: : _________________________ 22. Impact and Effect The types of environmental problems noted earlier can be lumped into two categories: resource concentration problems (pollution, global problems, and waste) and resource depletion problems (bio-diversity, resource conservation and species loss). These are also called sink and source problems, respectively. Either can serve as a continuum of intensity and thus represent the taking of too many resources out of the environment as opposed to putting too many resources back in it. Even if volume of resource loss or pollution were readily available, comparison across resources and across pollutants is often quite difficult. The continuum will reflect evaluatively-coded measures of the impact of the resource depletion or pollution as simply high (3), medium (2), and low (1). The effect is how the action translates into environmental changes: structural, product, scale, and regulatory. A second measure under this item is the type of effect. This measure was devised by Candace Stevens of the OECD where there are four attributes: structure, scale, regulatory, and product effects. Impact [HIGH, MEDIUM, and LOW]: :________________ Effect [PROD, SCALE, REGUL, or STRCT]:_________________ 23. Urgency and Lifetime It is fair to assume the more serious the environmental problem, the more restrictive the trade measure needs to be in order to solve the problem. Whether this is in fact the case is unknown. One way to operationalize an indicator to measure the urgency of a problem is, in the case of a species, to use the number of years until the species will be extinct given current rates of loss or usage. The idea would then be the fewer the years the more the attention given to its protection. Obviously, this approach is not without interpretative difficulty. Surely some species are more protected than others merely because they are more identifiable to humans. One would assume a greater outpouring of emotion to protect a panda bear or a dolphin than a remote species of rat or snake. The years to extinction can be further understood by the lifetime of the species and therefore the number of generations that will survive at current rates of loss or usage. 1. Urgency (Years to Extinction) : _________________ 2. Lifetime of Species (years) : _________________ 24. Substitutes For some of the products in the cases substitutes are available which could help in alleviating the case's environmental problem. For example, the horn of the water buffalo is being substituted for the horn of the rhino, largely because the former are much more abundant. By the same token, eagle feathers taken from carcasses are being handed over to Native Americans to avoid the need to kill eagles. Finally, scientists are hard at work attempting to replicate substances found in various products so that the actual chemical itself can be synthesized. This is the case for bird's nest soup and bear bile. The substitutes generally fall into six areas: o RECYC for more recycling of inputs, o SYNTH for development of synthetic alternatives, o BIODG for use of biodegradable products instead, o LIKE for switching to similar products, and o CONSV for greater conservation efforts. SUBSTITUTE: _____________________________ VI. OTHER Factors There are three other factors. Not whether these factors exist to a significant degree in the case by a YES or NO. 25. Culture Is the culture of either the exporter or the importer related to the issue or case in some way that significantly influences the approach to the solution or the cause of the problem? This category provides some detail about culture's role in the trade and environment issue. What is an example? Two soups provide examples of trade and environment problems caused by culture. Shark's fin soup has long been a prized Chinese delicacy and is said to contain certain "energizing" properties for the consumer. There is little scientific evidence to support this claim, but this is not to say none exists. The current demand and desire for shark's fin soup is enormous. The taking of and trading in shark for soup has produced at least two environmental problems. First, so many sharks of all kinds are being taken in off shore waters that many parts of Asia and other parts of the world have significantly depleted their shark populations. North America remains one of the few places left with abundant sharks, in part because we generally do not eat shark. As a result, fishing boats under many flags fish the Caribbean and the Pacific for shark fin to export to Asia. Most exports of shark's fin for soup go to Taiwan, Japan, China, Singapore and Korea. Ironically, some is prepared into canned soup which is exported from Asia back to the west coast of the United States and Canada, where sizeable Asian populations reside. This has become such a problem that the U.S. National Marine Fisheries Service has imposed quotas on the taking of shark. The shark's loss as scavenger's leaves a fragile eco- system out of balance (see SHARK case). The second problem is the manner in which the fins are taken. Ordinarily, the top and two side fins are removed and the animal is dumped overboard. Powerless to move, the animal sinks to the bottom and suffocates since it needs to move through the water to breathe. This is of course inhumane, but there have also been rumors that sharks dumped in coastal areas have floated to the shore and attacked swimmers. This would probably reduce tourist trade in the process. The second example is bird's nest soup, a revered concoction that is said to contain cures for a variety of ailments, ranging from rheumatism to lethargy. The soup is made from nests of the swift, specifically the bird's saliva which holds the nest together. The soup containers advertise that it is "capable of restoring equilibrium to the human body," but the curative properties are not generally accepted by the medical community. Several environmental groups are now pushing to add the swift's nest to the list of endangered species under the Convention on the International Trade in Endangered Species (CITES). The reason: demand for the swift's nest has grown so high that China, in part driven by rapidly rising incomes, is now a huge net importer of bird's nest mixture, especially from Indonesia, Malaysia and Vietnam. So great is the demand that the swift nest hunters no longer wait for the swift to vacate the nest before taking it. Now, the chicks or eggs in the nest are simply disposed of. Swifts, who travel across many national borders in Southeast Asia, are now in peril in many places (see case #49, SWIFT). These two examples show the difficulty in solving the problem. The value of the soups is deeply ingrained in Chinese (and other) cuisines and in their very culture, via the customary nature of these practices and the value placed on them by the culture. There was no problem as long as there were ample sharks and swift's nests, but changes in population and income have altered the basic landscape via trade. The introduction of culture into cases of trade and environment is clearly not limited to Chinese or Asian cultures. Western cultural values are at play in many cases here, including the European ban on furs of animals caught in leg-traps, or American efforts to protect dolphins and bears. No doubt the focus on these animals is driven by a generation of Americans who grew up watching Flipper and Smokey the Bear on television. Western cultural impact in trade and environment issues is probably more indirect in nature. For example, land use changes driven by Western (mostly American) appetite's for hamburgers have led to the clearing of vast parts of Costa Rica's tropical forests and the fencing of the Veldt in Botswana. CULTURE : ________________ [YES or NO] 26. Human Rights Are human rights an issue in the case? Usually this factor will be exporter-specific since it is the transfer of some resource from one location to another that is at the heart of the problem. Many examples of human rights' role in the trade and environment case are related to more general habitat problems. Many deforestation problems are related to human rights because ordinarily it is not the people who live in or near the forests that are felled who are the major beneficiaries. This is the situation in Indonesia (see IN301 case) and Brazil (see BRLOG case) with respect to deforestation there. This category then describe the human rights role. HUMAN RIGHTS : ________________ [YES or NO] 27. Trans-Boundary Issues Is the case also an instance of a trans-boundary problem between two or more countries that has trade and environmental implications? If so, this category describes what parts of the problems are trans-national. The instances are thought to have a direct, but significant impact on or from trade. Many times any disputes are between developed and lesser developed countries, where the regulatory schemes in the two markedly differ. This group includes cases along the border between the United States and Mexico (see LAPAZ and SANDIEGO cases) and between East and West Europe (see SULFER case). TRANS-BORDER : ________________ [YES or NO] 28. Relevant Literature This is a bibliography where reference to the case, or to similar cases, can be found. Where applicable, the report includes key words used in electronic retrieval systems. These are some of the screens in TED software and how the viewer will see the key word choices. Sample Case Coding CASE NUMBER: 6 CASE MNEMONIC: BEETLE CASE NAME: Beetle Trade and Protection A. IDENTIFICATION 1. The Issue 2. Description 3. Related Cases PLANT Case * DOS only allows names of 8 letters, plus an extension of up to 3. When the case name is 8 lettr long, drop tha last letter and replace it with a "1". This is a hyper-link to the issue of the case. (Give at least 10 references. You can use the TED software the help and identify similar cases on a variety of other attributes to select a related case.) Keyword Clusters (1): Trade Product = BEETLE (2): Bio-geography = DRY (3): Environmental Problem = Species Loss Land [SPLL] (choose any three clusters of your liking) 4. Draft Author: David Dalbec B. LEGAL Clusters 5. Discourse and Status: DISagreement and COMPlete 6. Forum and Scope: MEXICO and UNILATeral 7. Decision Breadth: 3 (USA, CANADA, MEXICO) 8. Legal Standing: LAW C. GEOGRAPHIC Clusters 9. Geographic Locations a. Geographic Domain : North America [NAMER] b. Geographic Site : Western North America [WNAMER] c. Geographic Impact : USA 10. Sub-National Factors: NO 11. Type of Habitat: DRY D. TRADE Clusters 12. Type of Measure: Regulatory Standard [REGSTD] 13. Direct vs. Indirect Impacts: INDirect 14. Relation of Measure to Environmental Impact a. Directly Related : YES BEETLE b. Indirectly Related : NO c. Not Related : NO d. Process Related : YES Species Loss Land [SPLL] 15. Trade Product Identification: BEETLE 16. Economic Data 17. Impact of Measure on Trade Competitiveness: BAN 18. Industry Sector: PHARMaceutical 19. Exporter and Importer: USA and EUROPE E. ENVIRONMENT Clusters 20. Environmental Problem Type: Species Loss Land [SPLL] 21. Name, Type, and Diversity of Species Name: Beetle Type: Animal/Mandible/Insect Diversity: 1,234 insects per 10,000 km/sq (USA) IUCN Category: RARE 22. Impact and Effect: LOW and PRODuct 23. Urgency and Lifetime: MEDIUM and 1-3 years 24. Substitutes: LIKE products VI. OTHER Factors 25. Culture: YES 26. Trans-Border: NO 27. Rights: NO 28. Relevant Literature (Turabian reference format.) Endnotes 1. xxxx Reference for end notes in text should be indicated as "(x)", with "x" as the reference number.