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 69
A Legal Analysis Jochem Wiers. 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 ...
A Legal Analysis Jochem Wiers. 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 ...
Page 71
... mandatory requirement which may limit the application of Article 30 [ now 28 ] ... requirements " . The Court varies the terminology used . However , recurring ... mandatory requirements ' , although it sometimes varies , referring instead ...
... mandatory requirement which may limit the application of Article 30 [ now 28 ] ... requirements " . The Court varies the terminology used . However , recurring ... mandatory requirements ' , although it sometimes varies , referring instead ...
Page 122
... 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 they were ...
... 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 they were ...
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 |