Volume 42 | Number 3 Summer 2007
Summary
- Introduction
- The Principle of Proportionality
- Legal Principles
- Nature of Principles
- Public International Law and WTO Law
- Conclusions
- Introducing Proportionality
- Test in Different Contexts
- Typology of Functions
- Control and Limitation of Discretion
- Balancing of Conflicting Rights and Interests
- Standard for Judicial Review
- Scope of Legal Norms
- Limit and Rationalize the Power of Judges
- Political Theories and Proportionality
- Different Elements of the Proportionality Test
- Suitability
- Necessity
- Proportionality Stricto Sensu
- Intensity of Review in EC Law
- Standard of Review in WTO Law
- Countermeasures
- Use of Force and Armed Conflicts
- Maritime Delimitation
- Conclusion
- Objective Justifications: Public Policy Exceptions in the GATT
- Introduction
- General Design
- Necessary to . . .
- Relating to . . .
- Application of the Measure: The Chapeau
- Conclusion: How the Tests in Article XX GATT Operate
- SPS Agreement
- TBT Agreement
- Conclusion: How the Tests in the SPS and TBT Agreements Operate
Footnotes
For complete footnote citations, download the PDF.