《TRADE AND THE ENVIRONMENT ACOMPARATIVE STUDY OF EC AND US LAW》

Introduction1

PART 1NEGATIVE HARMONIZATION9

1 The case law of the Court of Justice9

The principle of free trade9

The exceptions to the principle13

The application of the principle17

2 The case law of the Suprerne Court34

The principle of free trade34

The application of the principle39

3 Comparative analysis53

The principle of free trade53

The application of the principle55

4 Judicial and legislative intervention67

PART 2POSITIVE HARMONIZATION75

5Harmonization in European Community law75

The principle of attributed powers75

The principles of subsidiarity and proportionality90

Harmonization of environmental standards99

The question of pre-emption127

6Harmonization in United States law143

The principle of attributed powers143

Need for and intensity of federal environmental action148

Harmonization of state environmental standards156

The question of pre-emption175

7Comparative analysis183

The principle of attributed powers183

Need for and intensity of Community or federal environmental action185

Harmonization of environmental standards187

The question of pre-emption194

Conclusion199

Bibliography206

Index229