EC Measures Affecting Asbestos and Asbestos-Containing Products
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.
Volume (Year): 3 (2004)
Issue (Month): 01 (March)
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