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China has used those rules to challenge other countries' penalties.
Governments should also use existing trade rules to challenge Internet censorship measures that are insufficiently transparent, unreasonably administered, or biased in favor of domestic players.
ISPs actually blocking all but permitted content, or even just directly charging customers for particular access would be particularly easy for the FCC, even under its watered-down rules, to challenge.
That system aided the party favorites who had access to the party's legions of volunteers to do the collecting, and to the lawyers who were expert at using arcane rules to challenge other candidates' petitions in court.
In seeking to capture these benefits, however, governments are increasingly turning to trade rules to challenge one others' domestic renewable energy industries, thereby undermining the global clean energy transition we all seek.
Increasingly, corporations are using these perverse rules to challenge energy and climate policies, including a moratorium on fracking in Quebec, a nuclear energy phaseout and coal-fired power plant standards in Germany, and a pollution cleanup in Peru.
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For decades, cities, states and fair housing advocates have used the law's "disparate impact" rule to challenge zoning rules, lending practices and other housing-related policies.
"The proxy case makes all the rules open target to challenge," Mr. Scott of Harvard said.
The UK Anti-Doping rules allow athletes to challenge the imposition of a provisional suspension, and the independent National Anti-Doping Panel today lifted the athletes' suspensions, pending full determination of the charges.
The first WTO panel hearing is scheduled for February 2015, continuing the trend whereby trade rules are used to challenge government efforts to build domestic clean energy sectors.
It has hired a top Washington lawyer, Eugene Scalia, to challenge rules for the swaps exchanges that were proposed by the Commodity Futures Trading Commission.
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