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 138
170 This consistent case - law regarding tax differentiations may be taken to suggest that a national regulatory measure differentiating products according to their production methods and allowing imported products to be marketed if ...
170 This consistent case - law regarding tax differentiations may be taken to suggest that a national regulatory measure differentiating products according to their production methods and allowing imported products to be marketed if ...
Page 284
The question is of particular importance for regulatory distinctions based on PPMs not causing any physical difference in products . It is submitted that the possibility that physically identical products are " unlike " in the ...
The question is of particular importance for regulatory distinctions based on PPMs not causing any physical difference in products . It is submitted that the possibility that physically identical products are " unlike " in the ...
Page 323
National treatment testing of de jure equally applicable measures easily shades into necessity testing.36 Indeed , if the reason for regulatory distinctions is evaluated in order to assess whether there is de facto discrimination under ...
National treatment testing of de jure equally applicable measures easily shades into necessity testing.36 Indeed , if the reason for regulatory distinctions is evaluated in order to assess whether there is de facto discrimination under ...
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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 |