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EC – Asbestos: European Communities – Measures Affecting Asbestos and Asbestos-Containing Products

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  • Horn, Henrik
  • Weiler, Joseph H. H.

Abstract

Some cases attain “landmark” status because they constitute a jurisprudential paradigm shift. Others attain such status because in them a decisor, usually a supreme jurisdiction, renders a definitive, “canonical,” ruling. Sometimes it is both reasons. Sometimes, rarely, it is neither. EC – Asbestos is such a rare case. It may well qualify as a landmark. It has, justifiably, attracted huge attention and, understandably, considerable controversy. Its reasoning, however, is so decidedly non-definitive that it is not, consequently, possible to say whether it represents a veritable paradigm shift or is just a badly reasoned case by the Appellate Body (AB), albeit with a non controversial result.

Suggested Citation

  • Horn, Henrik & Weiler, Joseph H. H., 2003. "EC – Asbestos: European Communities – Measures Affecting Asbestos and Asbestos-Containing Products," World Trade Review, Cambridge University Press, vol. 2(S1), pages 14-40, January.
    • Handle: RePEc:cup:wotrrv:v:2:y:2003:i:s1:p:14-40_00
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    Cited by:

    1. Vincent Rebeyrol & Julien Vauday, 2008. "Live or let die : intra-sectoral lobbying on entry," Post-Print halshs-00282331, HAL.

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