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Full-Text Articles in Law
Article 235 Of The Treaty Establishing The European Economic Community: Potential Conflicts Between The Dynamics Of Lawmaking In The Community And National Constitutional Principles, Franziska Tschofen
Michigan Journal of International Law
The purpose of this essay is to analyze the extent to which the present interpretation and application of article 235 of the Treaty appears to be incompatible with basic national constitutional safeguards such as the principles of democracy, the "Rule of Law," sovereignty and federalism and to discuss ways to reconcile potential incompatibilities. To this end, Part I will explore the scope of the authority of EEC organs under article 235 as delimited by the European Court of Justice and legal scholars. Part II will analyze potential conflicts between Community powers exercised pursuant to article 235 of the Treaty and …
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
Michigan Journal of International Law
On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").
The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng
The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng
Michigan Journal of International Law
For many years, consumer organizations within the European Community have demanded the prohibition of natural and synthetic hormones from use in animal fodder. Since the level of hormone use by breeders varies among Member States, demands for a hormone prohibition have also differed in intensity from State to State. After lengthy negotiations beset with legal difficulties, a general, community-wide prohibition became reality at the beginning of 1989. The price of this policy has been trade difficulties with the United States which, up to the present time,' have resulted in trade sanctions and economic losses on both sides. Since both parties …
The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck
The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck
Michigan Journal of International Law
This paper will begin by evoking the judicial achievements obtained on the eve of the enactment of the Single European Act. Next, it will explain the innovations introduced by the Single European Act, and emphasize the divergent interpretations that they are likely to receive. Then, the author will modestly strive to express several personal suggestions for a solution, as an external observer.
Natural Gas In The European Internal Market: A Comparative Analysis Of Common Carriage And Price Transparency, Ernst-Joachim Mestmäcker
Natural Gas In The European Internal Market: A Comparative Analysis Of Common Carriage And Price Transparency, Ernst-Joachim Mestmäcker
Michigan Journal of International Law
After reviewing the general goals of a common energy policy, this paper provides a comprehensive comparative study analyzing the potential effects of common carriage and price transparency in the Community's natural gas market. Direct comparisons are made between market structures and regulatory policies in the United States, Great Britain, and the Federal Republic of Germany. After extensive analysis, the author concludes that the plans laid out by the Commission reveal conflicting objectives, require extensive new regulation, and are incompatible with the system of undistorted competition guaranteed by the EEC Treaty.
Constitutional Developments In The European Community And The Impact Of The Single European Market After 1992, F. G. Jacobs
Constitutional Developments In The European Community And The Impact Of The Single European Market After 1992, F. G. Jacobs
Michigan Journal of International Law
The Single European Act, by its amendments to the Treaty establishing the European Economic Community, seeks to achieve by the end of 1992 an internal market comprising an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the treaty. To this end, a very substantial amount of new legislation is being enacted in the form of Council Regulations and Directives, currently estimated at some 279 separate measures, many of which will also need implementing legislation in the Member States.
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
Michigan Journal of International Law
The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.