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 105
... or ” .4 ° It appears to the current author that the objective of a measure is not necessarily the same as the result actually achieved by it , so that comparing either one with the obstacle introduced are different exercises .
... or ” .4 ° It appears to the current author that the objective of a measure is not necessarily the same as the result actually achieved by it , so that comparing either one with the obstacle introduced are different exercises .
Page 142
73 However , to the extent that biases in the national decision - making process are the result of interests reflected in national democratic procedures , it seems questionable whether the Court and not the Community legislator is the ...
73 However , to the extent that biases in the national decision - making process are the result of interests reflected in national democratic procedures , it seems questionable whether the Court and not the Community legislator is the ...
Page 211
risk assessment.342 “ Based on ” in this context was interpreted by the panel in EC - Hormones as a procedural requirement of demonstrating that the results of a risk assessment had been taken into account when enacting the measure .
risk assessment.342 “ Based on ” in this context was interpreted by the panel in EC - Hormones as a procedural requirement of demonstrating that the results of a risk assessment had been taken into account when enacting the measure .
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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 |