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 66
No other justifications than those specifically mentioned are allowed under Article 30.1 Thus , general economic difficulties ... 11 However , if one of the exception grounds in Article 30 justifies a measure , the justification is not ...
No other justifications than those specifically mentioned are allowed under Article 30.1 Thus , general economic difficulties ... 11 However , if one of the exception grounds in Article 30 justifies a measure , the justification is not ...
Page 97
In this view , only product requirements fall automatically within the ambit of Article 28 and require justification . All other measures will only require justification if they discriminate de jure or de facto .
In this view , only product requirements fall automatically within the ambit of Article 28 and require justification . All other measures will only require justification if they discriminate de jure or de facto .
Page 122
Obviously , measures that apply only to imports do not apply without distinction and cannot be justified by a mandatory requirement.107 However , in some cases , the Court has also denied national measures justification under the ...
Obviously , measures that apply only to imports do not apply without distinction and cannot be justified by a mandatory requirement.107 However , in some cases , the Court has also denied national measures justification under the ...
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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 |