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 32
However , the European Court of Justice has accepted " environmental protection " as a “ mandatory requirement ” that may in principle justify trade - restricting measures . And in the WTO , “ environmental protection ” is explicitly ...
However , the European Court of Justice has accepted " environmental protection " as a “ mandatory requirement ” that may in principle justify trade - restricting measures . And in the WTO , “ environmental protection ” is explicitly ...
Page 115
3.2.6 Proportionality and the Appropriate Level of Environmental Protection It may be recalled that the Court has stated in relation to Article 30 that in the absence of harmonised Community rules , it is for the Member States to ...
3.2.6 Proportionality and the Appropriate Level of Environmental Protection It may be recalled that the Court has stated in relation to Article 30 that in the absence of harmonised Community rules , it is for the Member States to ...
Page 318
During the Uruguay Round negotiations , Article XX was not changed so as to include " environmental protection ” . Apparently , parties deemed environmental protection to be sufficiently covered by the Article XX exceptions , and no ...
During the Uruguay Round negotiations , Article XX was not changed so as to include " environmental protection ” . Apparently , parties deemed environmental protection to be sufficiently covered by the Article XX exceptions , and no ...
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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 |