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 183
190 The Appellate Body made it clear that it did not consider this interpretation to be a break with the previous GATT panel reports that had interpreted “ necessary ” as requiring the absence of a reasonably available GATT - consistent ...
190 The Appellate Body made it clear that it did not consider this interpretation to be a break with the previous GATT panel reports that had interpreted “ necessary ” as requiring the absence of a reasonably available GATT - consistent ...
Page 185
According to a number of GATT and WTO dispute settlement reports , “ necessary " requires that there is no ' GATT consistent or less GATTinconsistent ' measure reasonably available to pursue the policy objective .
According to a number of GATT and WTO dispute settlement reports , “ necessary " requires that there is no ' GATT consistent or less GATTinconsistent ' measure reasonably available to pursue the policy objective .
Page 249
When applying the chapeau , it looked , among other things , at reasonably available alternatives . In US - Shrimp - Turtle , when applying the “ relating to ” requirement in XX ( g ) , the Appellate Body observed that the means were ...
When applying the chapeau , it looked , among other things , at reasonably available alternatives . In US - Shrimp - Turtle , when applying the “ relating to ” requirement in XX ( g ) , the Appellate Body observed that the means were ...
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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 |
Bibliographic information
| Title | Trade and Environment in the EC and the WTO: A Legal Analysis |
| Author | Jochem Wiers |
| Publisher | Europa Law Publishing, 2002 |
| Original from | the University of California |
| Digitized | 2 Sep 2008 |
| ISBN | 9076871086, 9789076871080 |
| Length | 502 pages |
| Export Citation | BiBTeX EndNote RefMan |