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 61
Does this imply that the aim and objective of a measure clarify whether it is covered by Article 28 ? ... First , the Court has been confronted with claims regarding Article 28 that concerned national measures whose link with ...
Does this imply that the aim and objective of a measure clarify whether it is covered by Article 28 ? ... First , the Court has been confronted with claims regarding Article 28 that concerned national measures whose link with ...
Page 142
Proportionality in the wide sense comprises the suitability of the measure to contribute to the aim pursued ... Possibly , the Court in applying a strict proportionality test to national measures can correct national biases and thereby ...
Proportionality in the wide sense comprises the suitability of the measure to contribute to the aim pursued ... Possibly , the Court in applying a strict proportionality test to national measures can correct national biases and thereby ...
Page 341
above against the application of a strict proportionality test to national measures in the EC apply with even greater force to WTO panels and the Appellate Body . 6.4 Concluding Remarks on Prohibitions , Justifications and Conditions ...
above against the application of a strict proportionality test to national measures in the EC apply with even greater force to WTO panels and the Appellate Body . 6.4 Concluding Remarks on Prohibitions , Justifications and Conditions ...
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Common terms and phrases
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 |