Trade and Environment in the EC and the WTO: A Legal AnalysisEuropa Law Publishing, 2003 - 496 pages Is a country allowed to prohibit the use of metal beverage cans if it hampers trade from other countries? Can a country impose gasoline quality standards that allow foreign refiners less possibilities to adapt to these standards than domestic refiners? Can it require all wood products sold on its market to carry a label indicating whether they have been sustainably produced or not? These are just some of the questions that have arisen in recent years over the interpretation of trade liberalisation commitments and environmental concerns. This study describes and compares the rules of the European Community and the World Trade Organisation on the liberalisation of trade in goods and measures taken by the members of these organisations for the protection of the environment. It analyses the interpretation of these rules by the European Court of Justice and WTO panels and the Appellate Body, placing them in their institutional context and comparing them. Attention is paid to how the rules relate to Community and international harmonisation, and to the status of trade-restrictive measures that are based on environmentally damaging production methods. This book thus provides useful insights for academics, policy-makers and those who influence policy alike. About the author: Jochem Wiers born in Groningen (1970) the Netherlands studied Dutch law, international law and Spanish at the University of Amsterdam, and further specialised in European law at the College of Europe in Bruges. He commenced his Ph.D. research at the European University Institute in Florence, and started working as a research fellow and lecturer at the University of Amsterdam. Mr. Wiers has published in a number of international legal journals and is the associate editor of Legal Issues of Economic Integration. He currently works for the Netherlands Ministry of Foreign Affairs. |
From inside the book
Results 1-5 of 88
Page vii
... Restrictions and Measures Having Equivalent Effect Article 28 EC Place in the EC Treaty Context : Other Treaties 2.1.4 History of Article 28 EC CHAPTER 2 2.I 2.1.5 Commission Directive 70/50 2.1.6 Interpretation by the Court of Justice ...
... Restrictions and Measures Having Equivalent Effect Article 28 EC Place in the EC Treaty Context : Other Treaties 2.1.4 History of Article 28 EC CHAPTER 2 2.I 2.1.5 Commission Directive 70/50 2.1.6 Interpretation by the Court of Justice ...
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Contents
I | 5 |
Prohibition of Import Restrictions and Measures | 43 |
2 | 65 |
3 | 71 |
CHAPTER 3 | 85 |
64 | 113 |
Environmental Protection | 115 |
65 | 121 |
Phytosanitary Measures | 202 |
Beyond Them | 215 |
Agreements | 231 |
Conditions | 264 |
Protection | 273 |
Measures in the WTO | 319 |
5 | 336 |
and Conditions | 341 |
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Common terms and phrases
Appellate Body applied argued Article 133 Article 2.2 Article 28 Article 30 EC Article III:4 Article XX GATT Article XX(b border tax adjustment case-law chapeau to Article Commission Community legislation context countries Court covered by Article 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 international standards international trade interpretation invoked Japan-Alcohol justification less favourable treatment level of protection mandatory requirements market access measure at issue measures having equivalent multilateral national measures National Treatment Note Ad Article obligations panel reports paragraph paras PPM-based measures PPMs principle prohibition proportionality test provisions quantitative restrictions reference regulatory relevant selling arrangements SPS Agreement SPS measures TBT Agreement technical regulations tion Trade and Environment trade obstacles trade-restrictive measures US-Shrimp-Turtle US-Tuna-Dolphin violation 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 |