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 69
2.2.2 “ Mandatory Requirements ” : Justifications Accepted in Case - Law Measures that may infringe Article 28 cannot only be justified under Article 30 , but also by the so - called “ mandatory requirements ” as accepted by the Court ...
2.2.2 “ Mandatory Requirements ” : Justifications Accepted in Case - Law Measures that may infringe Article 28 cannot only be justified under Article 30 , but also by the so - called “ mandatory requirements ” as accepted by the Court ...
Page 135
In its comments on a Dutch legislative proposal for a mandatory PPM - based label for wood products , the Commission remarked that the Court has only accepted environmental protection as a mandatory requirement to the extent that it ...
In its comments on a Dutch legislative proposal for a mandatory PPM - based label for wood products , the Commission remarked that the Court has only accepted environmental protection as a mandatory requirement to the extent that it ...
Page 358
Although not explicitly , the Court also appears to accept trade - restrictive measures aimed at protecting global ... Thus , in Bluhme , the Court accepted a trade - restrictive measure with reference to the Biodiversity Convention ...
Although not explicitly , the Court also appears to accept trade - restrictive measures aimed at protecting global ... Thus , in Bluhme , the Court accepted a trade - restrictive measure with reference to the Biodiversity Convention ...
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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 |