Trade and Environment in the EC and the WTO: A Legal AnalysisEuropa Law Publishing, 2002 - 502 pages This 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 192
... chapeau to that Article , a practice that is adhered to here . The chapeau was not part of the original exceptions article as proposed by the US and the UK . It was inserted during the London sessions of the Preparatory Committee.241 ...
... chapeau to that Article , a practice that is adhered to here . The chapeau was not part of the original exceptions article as proposed by the US and the UK . It was inserted during the London sessions of the Preparatory Committee.241 ...
Page 200
... chapeau ' cannot logically refer to the same standard ( s ) by which a violation of a substantive rule has been determined to have occurred'.2 288 In US - Shrimp - Turtle , the Appellate Body specified that the nature and quality of the ...
... chapeau ' cannot logically refer to the same standard ( s ) by which a violation of a substantive rule has been determined to have occurred'.2 288 In US - Shrimp - Turtle , the Appellate Body specified that the nature and quality of the ...
Page 244
... chapeau , which then renders the measure “ unjustifiable " under Article XX . As early as in 1969 , it was questioned whether Article XX is at all necessary in relation to Article III , on the basis of the following reasoning : If the ...
... chapeau , which then renders the measure “ unjustifiable " under Article XX . As early as in 1969 , it was questioned whether Article XX is at all necessary in relation to Article III , on the basis of the following reasoning : If the ...
Contents
I | 5 |
Context of Trade and Environment Conflicts | 18 |
4 | 24 |
Copyright | |
20 other sections not shown
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Common terms and phrases
Appellate Body applied Article 2.2 Article 28 Article 30 EC Article III:4 Article XX GATT Article XX(b assessment border tax adjustment case-law chapeau to Article Commission Community legislation context customs union den Burg discrimination discriminatory dispute settlement domestic products EC Treaty EC-Asbestos EC-Hormones Emphasis added environmental agreements environmental protection equivalent effect European export extraterritorial free movement harmonisation Havana Charter Ibid imported products indistinctly applicable international standards interpretation invoked Japan-Alcohol justification less favourable treatment less trade-restrictive level of protection mandatory requirements market access measures having equivalent ment multilateral national measures National Treatment Note Ad Article obligations paragraph paras PPM-based measures PPMs principle prohibition proportionality test provisions public international law quantitative restrictions referred regulatory relevant risk selling arrangements sentence of Article SPS Agreement SPS measures TBT Agreement technical regulations tion Trade and Environment trade-restrictive measures unilateral US-Gasoline US-Shrimp-Turtle US-Tuna-Dolphin World Trade Organisation WTO Agreement WTO Members
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 - 2004 |