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 82
It should be noted that “ manifestly inappropriate concerns the first part of the proportionality test as described by the Court and cited above , i.e. , the appropriateness of the measure , rather than the last part , i.e. the ...
It should be noted that “ manifestly inappropriate concerns the first part of the proportionality test as described by the Court and cited above , i.e. , the appropriateness of the measure , rather than the last part , i.e. the ...
Page 103
In the sphere of health and environmental legislation , such assessments often involve complex technical and economic analysis , which the Court is ill - equipped to undertake . The discussion of the Court's deference in situations of ...
In the sphere of health and environmental legislation , such assessments often involve complex technical and economic analysis , which the Court is ill - equipped to undertake . The discussion of the Court's deference in situations of ...
Page 328
However , even if the Court applies all three elements of proportionality sensu lato separately in a more consistent way than when assessing national measures , it does so in a deferential manner . It verifies whether the measure is not ...
However , even if the Court applies all three elements of proportionality sensu lato separately in a more consistent way than when assessing national measures , it does so in a deferential manner . It verifies whether the measure is not ...
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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 |