Trade and Environment in the EC and the WTO: A Legal AnalysisThis study describes and compares the rules of the European Community and the World Trade Organization on the liberalization of trade in goods and measures taken by members of these organizations for the protection of the environment. |
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Page 65
2.2 Justifications 2.2.1 Article 30 EC : Treaty Exceptions Measures infringing Article 28 may be justified under Article 30. The wording of Article 30 is as follows : The provisions of Articles 28 and 29 shall not preclude prohibitions ...
2.2 Justifications 2.2.1 Article 30 EC : Treaty Exceptions Measures infringing Article 28 may be justified under Article 30. The wording of Article 30 is as follows : The provisions of Articles 28 and 29 shall not preclude prohibitions ...
Page 99
In its dictum the Court concluded that the measure was not incompatible with Article 28. This suggests that it was looking at the mandatory requirement of environmental protection rather than at Article 30. The Court's reference to ...
In its dictum the Court concluded that the measure was not incompatible with Article 28. This suggests that it was looking at the mandatory requirement of environmental protection rather than at Article 30. The Court's reference to ...
Page 100
Substantially , the latter category of measures resemble the measures found to infringe Article 28 but are justified under Article 30 more than they resemble the types of measures found to fall outside Article 28 in Keck and Peralta .
Substantially , the latter category of measures resemble the measures found to infringe Article 28 but are justified under Article 30 more than they resemble the types of measures found to fall outside Article 28 in Keck and Peralta .
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Common terms and phrases
accepted According added addressed Agreement animal appears Appellate Body applied appropriate argued Article 28 Article 30 Article III:4 Article XX assessment basis chapeau Commission Community concerning considered contains context countries Court covered Directive discrimination discussed domestic products economic effect environment environmental environmental protection equivalent established European exceptions export free movement GATT harmonisation imported imported products interests interpretation issue Italy justification legislation limited mandatory requirements means measures Member national measures nature necessary noted objective obligations obstacles origin panel para paragraph paras parties possible PPMs principle prohibition proportionality protection provisions pursue question reasonably referred regard regulations regulatory relevant requirements respect restrictions result risk rules scope specific SPS Agreement standards suggested taken TBT Agreement technical tion trade treatment Treaty unilateral violation
References to this book
New Environmental Policy Instruments in the European Union: Politics ... Ian Bailey No preview available - 2003 |
Europe and the Environment: Legal Essays in Honour of Ludwig Krämer Marco Onida Limited preview - 2005 |
Bibliographic information
| Title | Trade and Environment in the EC and the WTO: A Legal Analysis |
| Author | Jochem Wiers |
| Publisher | Europa Law Publishing, 2002 |
| Original from | the University of California |
| Digitized | 2 Sep 2008 |
| ISBN | 9076871086, 9789076871080 |
| Length | 502 pages |
| Export Citation | BiBTeX EndNote RefMan |