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European Communities—Measures Affecting Asbestos and Asbestos-Containing Products
World Trade Organization, Appellate Body
WT/DS135/AB/R (Apr. 5, 2001)
France (defendant) adopted a decree in 1997 that prohibited the import of all products containing any form of asbestos fibers. The decree exempted certain materials containing chrysotile fiber in certain conditions. Canada (plaintiff) challenged this decree and alleged that it violated the General Agreement on Tariffs and Trade (GATT) as an import ban. Specifically, Canada argued that chrysotile-cement products, which contained a type of asbestos fiber, did not pose a threat to human health and that the complete import ban was not necessary to protect human health. The GATT Panel ruled that the decree was permissible under the GATT, and Canada appealed to the World Trade Organization Appellate Body.
Rule of Law
Holding and Reasoning
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