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 223
402 Article XX GATT provides exceptions to “ substantive " GATT obligations , and the Member invoking it as a defence must ... As the Appellate Body in US - Shirts and Blouses stated : Articles XX and XI : ( 2 ) ( c ) ( i ) are limited ...
402 Article XX GATT provides exceptions to “ substantive " GATT obligations , and the Member invoking it as a defence must ... As the Appellate Body in US - Shirts and Blouses stated : Articles XX and XI : ( 2 ) ( c ) ( i ) are limited ...
Page 244
wise GATT - incompatible measures.58 For instance , if a measure violates Article III because it is discriminatory or protective , it is in principle justifiable under Article XX . However , if the application of a measure constitutes ...
wise GATT - incompatible measures.58 For instance , if a measure violates Article III because it is discriminatory or protective , it is in principle justifiable under Article XX . However , if the application of a measure constitutes ...
Page 292
One may equally assert that the right to apply trade - restrictive mea . sures as reflected in Article XX is itself an expression of state sovereignty , which is only limited by positive commitments to provide market access and to avoid ...
One may equally assert that the right to apply trade - restrictive mea . sures as reflected in Article XX is itself an expression of state sovereignty , which is only limited by positive commitments to provide market access and to avoid ...
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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 |