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 97
... justification . All other measures will only require justification if they discriminate de jure or de facto . If the market access requirement in Keck plays a role in addition to the discrimination test , measures completely barring ...
... justification . All other measures will only require justification if they discriminate de jure or de facto . If the market access requirement in Keck plays a role in addition to the discrimination test , measures completely barring ...
Page 122
... justified by a mandatory requirement.107 However , in some cases , the Court has also denied national measures justification under the mandatory requirements rule because of their de facto discriminatory nature or character , even if ...
... justified by a mandatory requirement.107 However , in some cases , the Court has also denied national measures justification under the mandatory requirements rule because of their de facto discriminatory nature or character , even if ...
Page 323
... justification cannot be neatly separated as in the " classic " pattern . Thus , the 1994 TBT Agreement reflects a ... justification possibilities , and blurring the dividing line between the two . The claimant bears a heavier burden of ...
... justification cannot be neatly separated as in the " classic " pattern . Thus , the 1994 TBT Agreement reflects a ... justification possibilities , and blurring the dividing line between the two . The claimant bears a heavier burden of ...
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 |