International Latin American Travel Group

However, to allow the Commission’s request in the present case would amount to evading the time-limit for commencing an action for annulment, which should have been brought against the decision to sign the Protocol no later than 15 July 2000, while the request for an Opinion was lodged on 23 October 2000. As regards the first question, the Commission does not dispute either that the Community has competence to conclude the Protocol or that the Member States retain sufficient powers to justify their participation in the Protocol alongside the Community. The question relates solely to the legal basis upon which the Community may conclude the Protocol. As asked, the first question therefore does not lend itself to an adverse opinion from the Court. The Spanish Government submits that, according to that provision, the opinion of the Court may be obtained as to whether an agreement envisaged is compatible with the provisions of the Treaty. It follows that conclusion of the Cartagena Protocol on behalf of the Community must be founded on a single legal basis, specific to environmental policy. If a measure does not fall specifically under the TBT Agreement, it would still have to comply with GATT 1994, which provides for similar exceptions as for the SPS and TBT Agreement, i.e.

  • The British decided to storm the fort outright in a coup de main, walls unbreached, during a night attack.
  • The question relates solely to the legal basis upon which the Community may conclude the Protocol.
  • The expedition suffered from manpower shortages in the navy, which required drafting two full infantry regiments, the 34th and 36th; to fill crew requirements Cathcart was ordered by the government to transfer 600 of his marines to provide marines for the men of war.
  • The Italian Government submits that the Protocol contains environmental rules intended, as Article 1 indicates, to combat adverse effects on the conservation and sustainable use of biological diversity, as well as on human health, in particular those linked to transboundary movements of LMOs.
  • Further, the longer the enemy had to remain mostly crowded on ships at sea and in the open on land, the more likely that insufficient supply, discomfort and especially disease would become his allies and the deadly enemies of the British.

Article XX of GATT 1994 allows Member governments to act on trade in order to protect human, animal or plant life or health, provided they do not discriminate or use this as disguised protectionism. While recognising countries’ rights to adopt the standards they consider appropriate, the TBT Agreement tries to ensure that the regulations, standards, testing and certification procedures do not create unnecessary obstacles. In order to prevent too much diversity, the agreement encourages countries to use international standards where these are appropriate, but does not require them to change their levels of protection as a result.

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Environmental and occupational health research and training needs in Colombia: A Delphi study.

Through these cultural exchanges, the hope is to promote peace, mutual respect, understanding and cooperation. 36 The Commission adds that non-commercial considerations have already been integrated into the WTO Agreement and its annexes, in particular in Article XX of the GATT and in the SPS and TBT Agreements, without the Court nevertheless rejecting, in paragraph 34 of Opinion 1/94, exclusive Community competence under Article 113 of the Treaty to conclude all the Multilateral Agreements on Trade in Goods. 4 In the present case, neither the Commission nor the Member States which have submitted observations, any more than the Council and the Parliament, doubt that the Community has competence to approve the Protocol. Nor is the compatibility of the Protocol’s substantive provisions with the Treaty put in issue before the Court. Only the basis of the Community’s competence, its nature – exclusive or shared – and the definition of its scope in relation to the competence of the Member States are discussed.

The United Kingdom Government contends that the correct legal basis for the measure concluding the Protocol is Article 175 EC, in conjunction with the first sentence of the first subparagraph of Article 300 EC. Like the other Member States which have submitted observations, the United Kingdom Government relies in this regard on the Council’s settled practice. The Austrian Government contests, in this connection, the Commission’s view that certain articles of the Protocol – in particular Article 11 – are to be treated as provisions of principle while others are ancillary, such as the provisions concerning financing, liability, socio-economic considerations, the Clearing-House and capacity building. Without those provisions, implementation of the Protocol would be impossible, especially for developing countries. In particular Articles 10 and 11 of the Protocol take account of the environmental concerns and risks to human health, by specifying the circumstances in which the parties may take decisions restricting the import of LMOs. The French Government contests in any event the concept of preponderant competence of the Community, which is not recognised in Community law and has not been established by the Court’s case-law.

In conclusion, the Austrian Government considers that the Protocol does not constitute a commercial policy agreement but an environmental policy agreement. Only a few provisions of the Protocol concern trade, such as Article 11 which concerns movements of goods intended for direct use as food or animal feed or for processing. The powers of the Member States are therefore not residual powers; on the contrary, the fundamental provisions of the Protocol fall within their competence.

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Therefore, these young men also become vulnerable because they construct their sexuality under economic pressure. Under these circumstances, both self-identified young heterosexual men and “gay” men find themselves in scenarios of prostitution and HIV vulnerability through the practice of condomless sex . Similar constructions of temporary sexual identities among men who have sex with men and women to serve the sexual tourism demand has been described in the Dominican Republic . As the next section shows, homophobia, a lack of job opportunities and poverty lead not only to this local sexual market, but also stimulate the exchange of sex for goods in the context of national and international sexual tourism.

Bauer’s description of bricheras/os underscores how HIV vulnerability results from links between social inequalities and local tourism in Cuzco, Peru . Studies in the Caribbean region suggest that the insidious junction of racism -product of the colonial history-, poverty and gender inequality, as described by Farmer among others, is reinforced by the powerful economic force of the sexual tourism industry. Padilla further argues that global inequalities create a market for sexual encounters between sexual tourists and Dominican men, who use their bodies to create temporary sexual identities that serve the demand of the tourist. He explains that these expressions of agency may help overcome marginalisation but contribute to riskier sexual behaviour. Cabezas argues that Dominican women who are part of the sexual tourism industry suffer from gender, economic, sexual and racial inequalities that impede them from negotiating condom use effectively in comparison to Cuban women, who are more likely to negotiate sexual safety given Cuba’s larger social capital.

If one accepts regimes as the existence of rules, principles, and decision-making procedures this perception is corroborated by the fact that the Cartagena Declaration set up a revision process, with meetings every 10 years to evaluate the region’s needs and developments in refugee protection and to adopt follow-up documents and plans of actions. Our results illustrate how the interplay between diverse social inequalities based on skin colour, gender and sexual orientation, together with racialised sexual tourism, furthers people’s vulnerability to HIV infection in Cartagena. This first life history illustrates how HIV infection occurs in the insidious interplay between poverty, limited job opportunities for “black people”, the male and female sexual roles within machismo, and a sexual tourism industry that promotes sexualised stereotypes linked to skin colour. What is striking about this history is how the attempts of this particular family to overcome marginalisation and poverty led this couple to the acceptance of sexual tourism as a unique alternative for economic survival. Although poverty is known to go hand in hand with increased vulnerability to HIV infection, in this case, attempts to escape poverty also increased vulnerability to HIV infection. Although the convergence of social inequalities has been thoroughly reported in the literature on social studies of HIV vulnerability; distinctive dynamics are occurring in Cartagena, including a clear link between the contemporary globalised sexual tourism industries and a racialised social structure – both having historical roots in the colonial past-. 42 On the other hand, it follows from all of the foregoing considerations that conclusion of the Protocol on behalf of the Community must be founded on a single legal basis, specific to environmental policy.


The measure has to be justified by a rational policy purpose, e.g. to protect human life or health, or to prevent deceptive practices. But any measure needs to meet the non-discrimination provision and must not be more trade restrictive than necessary. The increase in numbers has occurred alongside the rise of populist governments, as well as right-wing local and/or national governments, which either did not impress great significance on refugee protection or adopted a “hard line” in migration governance.

If the product is alike to another, with no physical difference, but if consumers perceive it as different, then under WTO law members may treat it as different. The criteria considered are physical properties; the extent to which the product is able to serve the same or similar end uses; and the international classification of products for tariff purposes. These criteria applied to some of the GM products would imply that they are alike to conventional products (e.g. GM soybean oil could be considered as being ‘like’ conventional soybean oil). Appeals have to be based on points of law such as legal interpretation and cannot re-examine existing evidence or examine new issues. The decisions of the Appellate Body become law, unless the whole WTO membership decides to reject the case and refuses to adopt the decision. While the complaint against the EU, and its wider implications for global biosafety regulation have yet to fully play out, it is instructive to examine in more detail how the WTO and its relevant agreements impact on biosafety and the Cartagena Protocol. The column was led by two Spanish deserters as guides who misled the British on the southern low walled side.

Air Quality in Latin America : An Overview

The Court recognises only agreements to which the Community alone may be party, by reason of its exclusive competence, and mixed agreements which fall partly within the competence of the Community and partly within that of the Member States (see, in particular, Case C-25/94 Commission v Council, cited above, paragraph 48). In conclusion, the aim and content of the Protocol show that the appropriate legal basis for the Protocol – which, none the less, indisputably has a significant impact on trade in LMOs – is Article 175 EC alone. To that end, the Protocol sets up various control procedures, in particular the advance informed agreement procedure , the procedure for living modified organisms intended for direct use as food or feed, or for processing and the simplified procedure . At present, 195 nations and the European Union areParties to the Convention offsite link, which entered into force December 29, 1993. The U.S. signed the Convention in June 1993 and transmitted it forSenate advice and consentto ratification in November 1993. While theSenate Foreign Relations Committeevoted in support of ratification in 1994, the full Senate has not acted. The current Administration does not seek Senate action at this time.SeeAdministration’s Treaty Priority List for the 111th Congress .