TRADE AND THE ENVIRONMENT ACOMPARATIVE STUDY OF EC AND US LAWPDF电子书下载

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Introduction 1

PART 1 NEGATIVE HARMONIZATION 9

1 The case law of the Court of Justice 9

The principle of free trade 9

The exceptions to the principle 13

The application of the principle 17

2 The case law of the Suprerne Court 34

The principle of free trade 34

The application of the principle 39

3 Comparative analysis 53

The principle of free trade 53

The application of the principle 55

4 Judicial and legislative intervention 67

PART 2 POSITIVE HARMONIZATION 75

5 Harmonization in European Community law 75

The principle of attributed powers 75

The principles of subsidiarity and proportionality 90

Harmonization of environmental standards 99

The question of pre-emption 127

6 Harmonization in United States law 143

The principle of attributed powers 143

Need for and intensity of federal environmental action 148

Harmonization of state environmental standards 156

The question of pre-emption 175

7 Comparative analysis 183

The principle of attributed powers 183

Need for and intensity of Community or federal environmental action 185

Harmonization of environmental standards 187

The question of pre-emption 194

Conclusion 199

Bibliography 206

Index 229

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