By Eun Kwan Choi; James Harrigan
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M. 603, 618–23 (1996) [hereinafter Reformulated Gasoline] (eschewing a least restrictive means type approach, but still finding law illegal under Article XX); Charnovitz, Defogging the Debate, supra note 6, at 468–70; Robert E. Hudec, GATT/WTO Constraints on National Regulation: Requiem for an “Aim and Effects” Test, 32 Int’l Law. ”). See European Communities – Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/AB/R; (01-1157); AB 2000-11, ¶ 192(e) (March 12, 2001). See Shrimp/Turtle Appellate, supra note 19, paras 120–1, at 152–3.
603, 618–23 (1996) [hereinafter Reformulated Gasoline] (eschewing a least restrictive means type approach, but still finding law illegal under Article XX); Charnovitz, Defogging the Debate, supra note 6, at 468–70; Robert E. Hudec, GATT/WTO Constraints on National Regulation: Requiem for an “Aim and Effects” Test, 32 Int’l Law. ”). See European Communities – Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/AB/R; (01-1157); AB 2000-11, ¶ 192(e) (March 12, 2001). See Shrimp/Turtle Appellate, supra note 19, paras 120–1, at 152–3.
Hence, the discrimination argument appears strained. The Shrimp/Turtle decision, like the Tuna/Dolphin decision, closes with a disavowal of the laissez-faire definition of free trade. 178 As explained previously, the heart of these decisions has nothing to do with antidiscrimination. The Tuna/Dolphin panel concluded that import bans that any country can escape by simply adopting the environmental practices of the importing state constitute prohibited quantitative restrictions, rather than regulations, under GATT.