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Showing posts from May, 2019

Critically discuss the extent to which EU legislation and the case law of the Court of Justice ensure the free movement of goods in the internal market.

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The free movement provisions, including those of the free movement of goods, were part of a larger scheme through which the European Union’s free market was established. The free market was a project that was envisaged as part of a way of strengthening a Europe that had been broken apart by reason of extreme warfare. [1] However, in a Europe no longer as threatened by internal wars as it once was, the matter is now of a pure economic basis. Articles 28 and 34 Treaty on the Functioning of the European Union (TFEU) are the main governing articles which preside over the free movement of goods. Article 28 provides that: “The Union shall comprise a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect, and the adoption of a common customs tariff in their relations with third countries.” Article 34 holds: “Quantitati

How does the WTO seek to balance the interests of free trade and environmental protection?

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As the world becomes more aware of the acute problems that arise with the environment, and knowledge of environmental disasters has increased with widespread media coverage and the lucid arguments of specialist groups. Though not a new ideology, the 1972 Stockholm Conference marked a recognition of the concerns that often relate economic growth with negative social and economic development. [1] The Secretariat’s study in at the Stockholm Conference investigated the interconnections between environmental policy and its impacts on trade, this led to the creation of EMIT [2] which was tasked with further investigating the impacts. [3] In parallel, China’s accession to the WTO sparked further concern as its history of trade practices had shown little regard for environmental protection. [4] The WTO has since taken numerous measures designed at achieving a healthy balance between its primary purpose, trade liberalisation, and its peripheral ‘duty’, environmental protecti