Taking stock:what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System?

Du, Ming (2015) Taking stock:what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System? Chinese Journal of Global Governance, 1 (1). pp. 67-95. ISSN 2352-5193

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Abstract

Even though widely recognized as one of the core disciplines of international trade law, the interpretation of national treatment obligation has been long marked by legal indeterminacy. More recently, a series of landmark cases, including US – Clove Cigarettes, US – Tuna II (Mexico), US – COOL and EC – Seal Products, have fundamentally changed our collective understanding of the NT obligation in the GATT/WTO system. The purpose of this article is to take stock of what we have already known about the NT obligation in the WTO law (including the GATT 1994 and the TBT Agreement), identify some unresolved issues and discuss the options for the WTO Appellate Body to bring more clarity to the NT obligation in future adjudications.

Item Type:
Journal Article
Journal or Publication Title:
Chinese Journal of Global Governance
Subjects:
ID Code:
74430
Deposited By:
Deposited On:
24 Jun 2015 15:52
Refereed?:
Yes
Published?:
Published
Last Modified:
27 Oct 2020 04:58