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By Federico Ortino

The translation and alertness of the foundations of foreign and local exchange is turning into an more and more really good box. This research offers an in-depth research of the middle felony techniques characterizing the 2 so much fashionable and profitable efforts within the rules of foreign alternate up to now. Adopting a comparative procedure, it analyzes the elemental felony tools hired via the ecu and the WTO for the aim of liberalizing exchange in items between their respective individuals. To this finish, this learn deals a clean examine the foundations underlying the fundamental ideas of overseas exchange legislation, together with the prohibition of border measures, the primary of non-discrimination on grounds of nationality, and the main of reasonableness.

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Additional resources for Basic Legal Instruments for the Liberalisation of Trade: A Comparative Analysis of Ec and Wto Law (Studies in International Trade Law)

Sample text

66 The positive function of the general prohibition of discriminatory measures (in both EC and WTO law) is even more evident if one takes into consideration the existence and operation of the general exception provisions, like Article 30 (ex Article 36) EC and Article XX GATT, which limit and qualify the application of the general non-discrimination principles. In brief, pursuant to these exceptions, Member States may adopt discriminatory measures if these are “suitable” or “necessary” to further a more or less broad set of legitimate public policies.

There is no doubt that the relationship between Articles 28 and 30 EC, as well as between Articles III and XX GATT, has always been described as a relationship of rule and exception. 72 Moreover, it is doubtful that “positive integration” instruments (directives, regulations and the like) only further non-economic public policies. 73 For example, a national regulation setting a high level of safety for cars which complies with the proportionality test will need to be addressed by Community-level harmonisation, since that regulation may still constitute a barrier to trade (other countries provide for different levels of safety).

18 Defining the Boundaries of the Research Tinbergen was clearly thinking of border measures, in particular import duties and quotas, which at that time were perceived as representing the principal obstacles to international trade. Since these barriers had to be “reduced” or “eliminated” without any need for replacing them with something else, characterising such operation as “negative” integration made perfect sense. 63 57 The actual examples given by Tinbergen evidence once more the political and economic perceptions of those times.

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