Requirements Other than Those of Trade Liberalization
Various requirements other than those of trade liberalization may be embodied, explicitly or implicitly, in legal frameworks for integration and may have an impact on the operation of trade liberalization provisions. The usual approach to assessing the impact assumes that it is necessary first to establish whether a particular measure or activity may be prohibited by a liberalization provision at all and then to determine the possibility of an exception being permissible from the prohibition.1 Such an approach presumably has much to do with the preference for regarding legal provisions simply as rules which can be divorced from the underlying features of the legal framework within which they operate.
It is true that the 'two-stage test' employed may sometimes be convenient.2 Where, for example, it is clear that conduct does not fall within the scope of a particular liberalization provision, such an approach avoids the need for a pointless investigation of requirements competing with those with which that provision is concerned.3 Frequently, however, the position will not be clear-cut, and a choice may have to be made whether trade liberalization requirements or other requirements should be given priority. Here analysis based on the two-stage test may often tend to obscure the complexity and varied nature of the interactions which take place between the different requirements.4
The EC Treaty expressly recognizes that various requirements, some being of a non-economic character but others being of an economic character, may justify____________________