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Other Papers on :International Law

S/L/18. What is the meaning of the term çmeasure equivalent to a quantitative restriction for the purposes of Article 28 EC?

(2003, 2500 words)

Article 28, whilst appearing relatively clear on first reading, has proved problematic and therefore produced a string of case law and discussion, which continues on today. The Article states ´Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.Ž. This initially seems very clear in its implication. No Member State can restrict the quantity of imports from other member states. It is in the second part, the measures having equivalent effect (MEQRs) that the problems arise. In order to define the term çmeasure equivalent to a quantitative restriction one needs to trace the problems and decisions arising from this issue, which using case law I aim to discuss.



 
   
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