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Where they exist, member states must base their domestic standards on international standards, and when applied for a legitimate objective, such standards will be "rebuttably presumed not to create an unnecessary obstacle to international trade" [ 98].
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It recognizes the use of technical regulation for the protection of 'public health or safety' as a legitimate objective when it is consistent with international technical standards.
The law requires measures to be non-discriminatory and, for certain technical regulations, not more trade-restrictive than necessary to achieve a legitimate objective.
Just compensation to the victims is a legitimate objective.
Conversely, Lord Rodger and Lord Brown found any indirect discrimination to be a proportionate, measured and unimpeachable means of securing a legitimate objective.
Amnesty called on the government to ensure that all surveillance had a "legitimate objective, and was carried out with the proper judicial supervision".
However, these should be justified as being a proportionate way to achieve a legitimate objective," the EHRC said.
2.2 TBT bars technical regulations that are more trade-restrictive than necessary to fulfil a legitimate objective.
Arnold et al [ 3] include the assessment of mechanisms, possibly using surrogate measures, as a legitimate objective of pilot trials, to establish proof-of-principal and potential efficacy.
They must also ensure that technical regulations do not create "unnecessary obstacles to international trade", by being "more trade-restrictive than necessary to fulfil a legitimate objective".
Civilian television and radio stations are legitimate targets only if they meet the criteria for a legitimate military objective," a briefing document prepared by the NGO reads.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com